Construction, Forestry and Maritime Employees Union

[2024] FWCA 1617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1379)

CEILCON AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 MAY 2024

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

The Construction, Forestry and Maritime Employees Union (the Applicant) has made an application for the approval of an enterprise agreement known as the Ceilcon and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 2 May 2024 and, in accordance with s 54, 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

The Construction, Forestry and Maritime Employees' Union (CFMEUA) sought approval from the Fair Work Commission for the Ceilcon and CFMEU (WA) Collective Agreement 2024-2027. The application arose from negotiations between the union and Ceilcon, an employer in the construction industry, concerning wages and conditions for workers employed in Western Australia. The union argued that the agreement was in the interests of the employees, while Ceilcon opposed the application on the basis that it contained provisions that were not in line with the Fair Work Act and its principles. The Commission was tasked with determining whether the agreement complied with the legislative requirements and whether it was appropriate for approval.

The primary legal issues before the Commission were whether the provisions of the agreement were consistent with the Fair Work Act, including whether the agreement contained any terms that were contrary to the provisions of the Act or that would have an adverse effect on the employees. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was consistent with the principles of the Act, including the promotion of cooperative relationships between employers and employees. The Commission also had to consider the implications of the agreement on the broader industrial relations system and the interests of other stakeholders.

In assessing the agreement, the Commission considered the submissions and evidence provided by both parties and analysed the provisions of the agreement in light of the relevant legislative framework. The Commission found that the agreement contained provisions that were consistent with the principles of the Fair Work Act and that it provided for fair and reasonable terms and conditions for the employees. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and enhanced dispute resolution mechanisms, which were in line with the objectives of the Act. The Commission also found that the agreement was consistent with the broader industrial relations system and would not have an adverse effect on other stakeholders. Based on this analysis, the Commission approved the agreement.

The Fair Work Commission approved the Ceilcon and CFMEU (WA) Collective Agreement 2024-2027, finding that it complied with the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The Commission's decision provides clarity on the application of the Act to collective agreements and the factors that it will consider in determining whether to approve such agreements. The decision is likely to have implications for future negotiations between employers and unions in the construction industry and will be of interest to other stakeholders in the broader industrial relations system.

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Legal Principle Established