Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1767)

BUILT PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2024

Application for approval of the Built Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027

An application has been made for approval of a greenfields agreement known as the Built Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (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 the 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of 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 7 June 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the matter were the Construction, Forestry and Maritime Employees Union (WA) and Built Pty Ltd, who sought approval for their Collective Agreement for the years 2024 to 2027. The nature of the dispute centred around the terms and conditions of employment as stipulated in the proposed agreement, with both parties seeking to ensure that the agreement met the legal standards set out in the Fair Work Act 2009. The case was heard by the Fair Work Commission, which has jurisdiction to approve such agreements.

The legal issues the court was required to decide primarily revolved around whether the agreement met the statutory requirements under the Fair Work Act. This included ensuring that the agreement was not contrary to public policy, did not discriminate on prohibited grounds, and complied with the provisions regarding minimum wages and entitlements. Additionally, the court needed to assess whether the agreement provided for a fair and efficient process for the resolution of workplace disputes and if it appropriately balanced the rights and obligations of both employers and employees.

The Fair Work Commission, in its reasoning, found that the agreement complied with the statutory requirements. The court considered the provisions of the agreement in light of the relevant legislation and found that it did not contravene any public policy or discriminate on prohibited grounds. Furthermore, the agreement was deemed to provide for fair and efficient processes for dispute resolution and balanced the rights and obligations of both parties. Consequently, the court approved the agreement, finding it to be in compliance with the Fair Work Act.

The final orders of the court were that the Built Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 be approved as meeting the requirements of the Fair Work Act. This approval meant that the agreement could now be enforced as a binding contract between the parties, providing a framework for the terms and conditions of employment 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