Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1586)

AUSTRALIAN JOINERY PRODUCTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 MAY 2024

Application for approval of the Australian Joinery Products Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Australian Joinery Products 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 11 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 30 May 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 matter before the court was an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between the Australian Joinery Products Pty Ltd and the CFMEU, covering the period 2023–2027. The dispute involved the procedural fairness of the approval process and the compliance of the agreement with the Fair Work Act 2009. The Federal Court of Australia was tasked with determining whether the application for approval was valid and whether the collective agreement met the statutory requirements.

The primary legal issues for the court to address were whether the application process followed the correct procedural steps and if the agreement was in compliance with the relevant legislative provisions. The court needed to consider whether the CFMEU provided adequate notice to the employer and whether the employer had an opportunity to make submissions. Furthermore, the court had to assess if the collective agreement contained provisions that were in line with the objectives of the Fair Work Act, such as maintaining or improving the terms and conditions of employment, promoting workplace productivity, and facilitating harmonious workplace relations.

The court found that the CFMEU had followed the necessary procedural steps in making the application for approval and that the employer had been given sufficient opportunity to provide input. The agreement was examined for compliance with the Fair Work Act, and it was determined that the provisions were consistent with the legislative objectives. The court concluded that the application was valid and approved the collective agreement, recognising it as a legitimate and enforceable document under the Act. The court’s decision was based on a detailed analysis of the procedural fairness and the content of the agreement, ensuring that the rights and obligations of both parties were appropriately balanced and protected.

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