Construction, Forestry and Maritime Employees Union

[2024] FWCA 1824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1560)

EFFICIENT BRICKLAYING PTY LTD AND CFMEU (WA) (ARMADALE LINE UPGRADE) GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 MAY 2024

Application for approval of the Efficient Bricklaying Pty Ltd and CFMEU (WA) (Armadale Line Upgrade) Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Efficient Bricklaying Pty Ltd and CFMEU (WA) (Armadale Line Upgrade) Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 CFMEU 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 CFMEU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 May 2024. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, a case concerning the approval of an agreement between Efficient Bricklaying Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) pertaining to the Armadale Line Upgrade was brought forward. The union sought the court's approval of the agreement which was intended to establish terms and conditions for employees engaged in the project. The application was made under the Fair Work Act 2009, which requires certain agreements to be approved by the court to ensure they meet specific criteria, including that they are free from coercion and contain appropriate dispute resolution mechanisms.

The court was tasked with examining the agreement to determine if it complied with the legal standards set out in the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated, whether it contained the prescribed minimum terms and conditions, and whether it included effective dispute resolution processes. The court also needed to ensure that the agreement did not unfairly disadvantage any party and was in the best interests of the employees involved.

After a thorough review of the agreement, the court found that it met all the necessary criteria for approval. The agreement was deemed to have been genuinely negotiated, contained all the prescribed minimum terms and conditions, and included appropriate dispute resolution mechanisms. The court was satisfied that the agreement did not unfairly disadvantage any party and was in the best interests of the employees. Consequently, the court approved the agreement under the Fair Work Act.

The final orders of the court were to approve the Efficient Bricklaying Pty Ltd and CFMEU (WA) (Armadale Line Upgrade) Greenfields Agreement 2024, effective from the date of the court's approval. This decision ensured that the agreement could be implemented, providing clarity and certainty for the parties involved in the Armadale Line Upgrade project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established