Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1829)

COMMERCIAL SEALING SYSTEMS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 6 JUNE 2024

Application for approval of the Commercial Sealing Systems Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the Commercial Sealing Systems Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Commercial Sealing Systems Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU), sought approval of their 2023-2027 collective agreement before the Fair Work Commission. The primary dispute involved the interpretation and approval of various clauses within the agreement that pertain to employment conditions, pay rates, and dispute resolution mechanisms. The matter was brought before the Commission to ensure compliance with the Fair Work Act 2009.

The legal issues before the Commission were the interpretation of specific clauses within the agreement, ensuring that the terms did not contravene any provisions of the Fair Work Act, and verifying that the agreement was made in good faith and without any improper influence. The applicants argued that the agreement was fair and reasonable, reflecting the needs of both parties. The Commission had to assess whether the agreement contained any unfair terms and whether it was in line with the objectives of the Act, which include promoting high wages and conditions.

The Commission found that the collective agreement contained terms that were not unfair and were in compliance with the Fair Work Act. It held that the agreement reflected the parties' genuine bargaining positions and was made without any coercion or improper influence. The Commission approved the agreement, acknowledging that the terms provided a fair and reasonable balance of benefits and obligations for both Commercial Sealing Systems Pty Ltd and the CFMEU.

The Fair Work Commission approved the 2023-2027 collective agreement between Commercial Sealing Systems Pty Ltd and the CFMEU, confirming that the terms were fair and did not contravene the Fair Work Act. The Commission's decision was based on its assessment that the agreement was made in good faith and contained no unfair terms, thus meeting the statutory requirements for approval.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established