Construction, Forestry and Maritime Employees Union

[2024] FWCA 1822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1557)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 17 MAY 2024

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

An application has been made for approval of an enterprise agreement known as the Express Interiors Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 26 March 2024 and the Agreement was made on 30 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 17 May 2024 and, in accordance with s.54 of the Act, will operate from 24 May 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry and Maritime Employees Union sought approval of the Collective Agreement between Express Interiors Pty Ltd and CFMEU (WA) for the years 2024 to 2027. The primary issue before the court was whether the collective agreement met the necessary criteria for approval under relevant industrial legislation. The court was tasked with ensuring that the agreement was in compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly focusing on the provisions related to minimum standards, procedural fairness, and the avoidance of any adverse impact on employees not covered by the agreement.

The court examined whether the agreement provided for minimum terms and conditions of employment that were no less favourable than those set out in the relevant award. It also considered whether the agreement contained appropriate dispute resolution mechanisms and if the bargaining process adhered to procedural fairness principles. Additionally, the court assessed if the agreement would cause an adverse impact on employees who were not part of the agreement but who were covered by the relevant award or enterprise agreement.

Upon reviewing the evidence and submissions, the court found that the agreement was compliant with all relevant legislative requirements. The court determined that the agreement provided for minimum terms and conditions that were no less favourable than those in the applicable award, included appropriate dispute resolution mechanisms, and had been negotiated in a manner that was procedurally fair. The court also concluded that the agreement would not cause an adverse impact on non-participating employees. Consequently, the court approved the collective agreement.

The final order of the court was that the Express Interiors Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 be approved and registered under the Fair Work Act 2009, effective from 1 July 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established