Construction, Forestry and Maritime Employees Union

[2024] FWCA 1790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1558)

EXCLUSIVE LININGS AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 MAY 2024

Application for approval of the Exclusive Linings and CFMEU (WA) Collective Agreement 2024-2027

An application has been made for approval of a greenfields agreement known as the Exclusive Linings and CFMEU (WA) Collective Agreement 2024-2027 (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 are 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 the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 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 case involved an application by the Construction, Forestry and Maritime Employees Union for the approval of the Exclusive Linings and CFMEU (WA) Collective Agreement 2024-2027. The dispute arose in the context of labour relations, with the union seeking to formalise terms of employment for workers in the linings industry in Western Australia. The Fair Work Commission was the court that heard the case.

The legal issues before the court revolved around the validity and fairness of the proposed collective agreement. The Commission had to determine whether the agreement complied with the requirements of the Fair Work Act, including provisions relating to the scope of the agreement, the process by which it was negotiated, and whether it contained terms that were fair and reasonable. The court also needed to consider whether the agreement adequately protected the interests of the employees and the employers.

In rendering its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable in the context of the industry. The Commission found that the agreement appropriately balanced the rights and obligations of both parties and provided for appropriate dispute resolution mechanisms. The Commission concluded that the agreement met the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Exclusive Linings and CFMEU (WA) Collective Agreement 2024-2027, finding that it was fair and reasonable and complied with the statutory requirements. The Commission’s decision provided certainty and stability for the industry and the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established