Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1682)

ASSET SURVEY SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MAY 2024

Application for approval of the Asset Survey Solutions PTY LTD and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Asset Survey Solutions 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 the 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 10 April 2024 and the Agreement was made on 7 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 and Maritime Employees 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 5 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

The Construction, Forestry and Maritime Employees Union (CFMEU) and Asset Survey Solutions (PTY) LTD sought approval of their 2023-2027 collective agreement through the Fair Work Commission. The agreement aimed to regulate employment conditions between the parties, including wages, hours of work, and other terms and conditions. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission was tasked with determining whether the collective agreement met the requirements of the relevant legislation and was fair and reasonable in all its aspects.

The key legal issues before the Commission were whether the collective agreement was genuinely negotiated, met the 'better off overall test', and contained all the required terms as stipulated by the legislation. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable outcome for all parties involved and complied with any applicable awards or instruments. The CFMEU argued that the agreement was fair and reasonable and had been genuinely negotiated, while Asset Survey Solutions contended that certain provisions were unfair and should be disallowed.

The Fair Work Commission found that the collective agreement met the statutory requirements and was fair and reasonable in all its aspects. The Commission was satisfied that the agreement had been genuinely negotiated and met the 'better off overall test'. The Commission also found that the agreement contained all the required terms and did not contravene any applicable awards or instruments. The Commission approved the 2023-2027 collective agreement between the CFMEU and Asset Survey Solutions, emphasising the importance of fair and reasonable terms in employment agreements.

The Fair Work Commission approved the 2023-2027 collective agreement between the CFMEU and Asset Survey Solutions. The Commission's decision was based on the findings that the agreement was genuinely negotiated, met the 'better off overall test', contained all the required terms, and was fair and reasonable in all its aspects. The approval of the agreement ensures that the employment conditions between the parties are regulated by a legally compliant and fair collective agreement.

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