Construction, Forestry and Maritime Employees Union

[2024] FWCA 1554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1363)

SPECIFIC INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 APRIL 2024

Application for approval of the Specific Installations Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Specific Installations 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 21 February 2024 and the Agreement was made on 27 March 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 6 April 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the Specific Installations Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The application came before the Commission for consideration due to the significance of the agreement in terms of its implications for the employees and the employer within the industry. The primary concern was whether the collective agreement complied with the relevant legislative provisions, specifically the Fair Work Act 2009.

The legal issues central to the decision involved assessing whether the agreement met the requirements under section 234 of the Fair Work Act, which pertains to the criteria for an enterprise agreement to be considered a "registerable" agreement. Key considerations included the agreement's alignment with the provisions of the Fair Work Act, the extent of its compliance with the good faith bargaining requirement, and its adherence to the process of ensuring that it was free from any prohibited content. The Commission also had to determine whether the agreement was made in good faith and whether it was properly authorised by the union and the employer.

The Fair Work Commission concluded that the Specific Installations Pty Ltd and CFMEU Union Collective Agreement 2023–2027 met all the necessary legislative requirements. The Commission found that the agreement was made in good faith, was properly authorised by the parties, and contained no prohibited content. The Commission was satisfied that the agreement was fair and balanced and that it complied with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the collective agreement and registered it, thereby finalising the matter before it.

The final orders included the registration of the Specific Installations Pty Ltd and CFMEU Union Collective Agreement 2023–2027, effective from the date of the decision. The agreement was to be considered a legally binding enterprise agreement for the purposes of the Fair Work Act, applicable to the relevant employees and employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established