Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1425)

COLEMANS HIGH SECURITY FENCING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2024

Application for approval of the Colemans High Security Fencing Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Colemans High Security Fencing 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, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 22 March 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 22 April 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

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 16 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 Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of a collective agreement with Colemans High Security Fencing Pty Ltd. The dispute centred on the proposed terms and conditions outlined in the agreement, specifically those relating to wages, working hours, and other employment-related matters. The Fair Work Commission, with its mandate to facilitate fair work practices, was tasked with evaluating the agreement to ensure it met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed terms and conditions were fair and reasonable, and if they complied with the relevant legislative framework. The Commission had to consider if the agreement provided a safety net for employees and if it met the requirements for good faith bargaining. It also had to determine if the agreement would have a detrimental effect on the employees' wages and conditions or on the broader industrial relations system.

In reaching its decision, the Fair Work Commission examined the collective agreement in detail, taking into account the submissions from both parties and relevant industry benchmarks. The Commission found that the proposed terms and conditions were fair and reasonable, providing an appropriate safety net for employees while also being consistent with the broader industrial relations system. The Commission noted the importance of good faith bargaining in the process and concluded that the agreement would not have an adverse effect on employees' wages and conditions or the industrial relations system. Accordingly, the Commission approved the collective agreement as proposed.

The Fair Work Commission approved the proposed collective agreement between Colemans High Security Fencing Pty Ltd and the Construction, Forestry and Maritime Employees Union for the period 2023 to 2027. This decision was based on the finding that the agreement was fair and reasonable, provided an adequate safety net, and was consistent with good faith bargaining practices. The Commission's approval ensures that the terms and conditions set out in the agreement will be legally enforceable, offering clarity and certainty to both employers and employees.

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