Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1782)

UNITED CLEAN COMPANY PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JUNE 2024

Application for approval of the United Clean Company Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

An application has been made for approval of an enterprise agreement known as the United Clean Company Pty Ltd and CFMEU Union Collective Agreement 2023–2027. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 April 2024 and the Agreement was made on 16 May 2024 Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry and Maritime Employees Union, the Fair Work Commission was asked to consider the application for approval of the United Clean Company Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The applicant, United Clean Company Pty Ltd, sought the approval of the collective agreement, which would apply to their employees who are members of the CFMEU. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it met the standards of good faith bargaining and fairness.

The legal issues before the Commission involved a detailed examination of the collective agreement's provisions, focusing on whether they adhered to the Fair Work Act 2009. The Commission had to determine whether the agreement was made in good faith, whether it met the minimum terms and conditions as set out by the Fair Work Act, and whether it was fair and reasonable in all its aspects. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission thoroughly reviewed the collective agreement, considering the submissions from both parties. The Commission found that the agreement was made in good faith and that it complied with the minimum terms and conditions stipulated in the Fair Work Act. It also concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission highlighted several provisions that demonstrated the agreement's fairness, including those relating to wages, hours of work, and dispute resolution mechanisms. Consequently, the Commission approved the collective agreement.

The final orders of the Commission were that the United Clean Company Pty Ltd and CFMEU Union Collective Agreement 2023–2027 be approved and registered as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between United Clean Company Pty Ltd and its employees who are members of the CFMEU for the specified period.

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