Construction, Forestry and Maritime Employees Union

[2024] FWCA 1665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1448)

C.S.I CONCRETE SCANNING & INVESTIGATION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2024

Application for approval of the C.S.I Concrete Scanning & Investigation Pty Ltd and CFMEU Union Collective Agreement 20232027

An application has been made for approval of an enterprise agreement known as the C.S.I Concrete Scanning & Investigation 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 27 March 2024 and the Agreement was made on 23 April 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 17 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 involved an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union and C.S.I Concrete Scanning & Investigation Pty Ltd for the period 2023 to 2027. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was tasked with determining whether the agreement was in the interests of employees and whether it complied with the relevant provisions of the Act.

The court examined several aspects of the agreement, including the terms regarding wages, hours of work, and other conditions of employment. It considered whether the agreement provided fair and reasonable terms and conditions for the employees. The court also assessed whether the agreement contained provisions that were contrary to public policy or that could potentially undermine the protections afforded to employees under the Fair Work Act. The court had to ensure that the agreement did not include any terms that would lead to unfair dismissal or unreasonable working conditions.

The court found that the collective agreement met the necessary criteria for approval. It concluded that the agreement provided fair and reasonable terms for the employees, and it did not include any provisions that were contrary to public policy or detrimental to the employees' interests. The agreement was deemed to be in compliance with the requirements of the Fair Work Act. The court approved the collective agreement, recognising that it represented a fair and balanced outcome for both the employees and the employer.

No further orders were made by the court. The approval of the collective agreement was sufficient to conclude the proceedings, ensuring that the agreement could be implemented as intended. The decision provided clarity and certainty for both parties, allowing them to proceed with the terms outlined in the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established