Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1384)

CUBIC INTERIORS AND CFMEU (WA) COLLECTIVE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 2 MAY 2024

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

An application has been made for approval of an enterprise agreement known as the Cubic Interiors 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). It has been made by Construction, Forestry and Maritime Employees Union (the Applicant). 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 15 March 2024 and the Agreement was made on 19 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (the CFMEU), who were a bargaining agent, expressed the view that the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union (the CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 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 parties involved in the matter were the Construction, Forestry and Maritime Employees Union (CFMEU) and Cubic Interiors. The crux of the dispute was the application for approval of the Cubic Interiors and CFMEU (WA) Collective Agreement 2024-2027. The matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it adhered to the principles of good faith bargaining and fairness. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was free from any improper influence or coercion, and if it provided for terms and conditions that were fair and reasonable.

The Commission undertook a thorough examination of the agreement, considering the evidence provided by both parties. It found that the agreement was made in good faith, with both parties engaging in genuine and meaningful negotiations. The Commission also concluded that the agreement was free from any improper influence or coercion, and that it contained terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that covered various aspects of employment, including wages, hours of work, and other workplace issues. The Commission further found that the agreement was consistent with the principles of good faith bargaining and fairness, and that it met the statutory requirements under the Fair Work Act 2009.

Following its analysis, the Commission approved the Cubic Interiors and CFMEU (WA) Collective Agreement 2024-2027, finding it to be a fair and reasonable agreement that met the statutory requirements. The Commission's decision was based on its finding that the agreement was made in good faith, was free from any improper influence or coercion, and provided for terms and conditions that were fair and reasonable. The Commission also noted that the agreement was consistent with the principles of good faith bargaining and fairness, and that it provided for a comprehensive set of terms and conditions that covered various aspects of employment. The approval of the agreement ensures that the terms and conditions set out in the agreement will apply to all employees covered by the agreement, providing them with a fair and reasonable set of employment terms and conditions.

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