Construction, Forestry and Maritime Employees Union

[2024] FWCA 1576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1353)

FUGEN MASONRY CONTRACTORS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MAY 2024

Application for approval of the Fugen Masonry Contractors (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Fugen Masonry Contractors (QLD) 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 22 March 2024 and the Agreement was made on 17 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 10 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 sought approval for a collective agreement with Fugen Masonry Contractors (QLD) Pty Ltd, covering the period 2023 to 2027. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the legal criteria for approval. The central issue before the Commission was whether the proposed terms of the collective agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the criteria for being a "modern award" as defined by the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith.

The Commission examined the provisions of the agreement and found that the terms were fair and reasonable, reflecting the needs of both the employees and the employer. The Commission noted that the agreement had been negotiated in good faith and that it provided for a comprehensive set of terms and conditions that were suitable for the industry and the parties involved. The Commission also found that the agreement did not contain any provisions that would undermine the rights of employees or the principles of the Fair Work Act. Accordingly, the Commission approved the application for the collective agreement to be registered as a modern award.

The Fair Work Commission approved the application for the collective agreement to be registered as a modern award. The Commission found that the agreement was fair and reasonable and that it had been negotiated in good faith. The Commission also noted that the agreement provided for a comprehensive set of terms and conditions that were suitable for the industry and the parties involved. The Commission's decision was based on its assessment of the evidence and the legal criteria set out in the Fair Work Act 2009. The registration of the collective agreement as a modern award means that it will apply to all employees and employers in the relevant industry who are not already covered by another modern award or agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established