Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1337)

BOOM LOGISTICS LTD SEQ CRANE OPERATIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2024–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2024

Application for approval of the Boom Logistics Ltd SEQ Crane Operations and CFMEU Union Collective Agreement 2024–2027

An application has been made for approval of a greenfields agreement known as the Boom Logistics Ltd SEQ Crane Operations and CFMEU Union Collective Agreement 2024–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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 Agreement was made on 19 April 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the collective agreement between Boom Logistics Ltd and the CFMEU for the operation of cranes in South East Queensland from 2024 to 2027. The application was made to the Fair Work Commission. The dispute centred on whether the agreement met the legal standards for approval, including compliance with the Fair Work Act 2009 and the principles of good faith bargaining and procedural fairness.

The court had to determine if the agreement reflected genuine bargaining efforts by both parties, adhered to statutory requirements, and was fair and reasonable. Specifically, the court examined whether the agreement was made without coercion, contained provisions that were lawful, and did not contravene any public policy considerations. The court also assessed if the agreement complied with the principles of procedural fairness, including the provision of adequate opportunity for the parties to negotiate and the fairness of the bargaining process.

In its reasoning, the court found that the agreement was the result of genuine negotiations between the parties. It satisfied the statutory requirements and did not contravene any legal principles. The court concluded that the agreement was fair and reasonable, as it provided for adequate terms and conditions of employment and did not impose any unreasonable obligations on either party. The court approved the agreement, noting that it met the necessary standards for fair and genuine bargaining.

The Fair Work Commission approved the collective agreement between Boom Logistics Ltd and the CFMEU for the operation of cranes in South East Queensland from 2024 to 2027, finding that it met all statutory requirements and was fair and reasonable.

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