Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1034)

FCL CONSTRUCTION PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 29 APRIL 2024

Application for approval of the FCL Construction Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union has applied for approval of a single enterprise agreement known as the FCL Construction Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement).

The Form F17B filed with the application wrongly stated that notice of the vote to approve the Agreement was provided by email to employees. A replacement Form F17B was subsequently filed by the Construction, Forestry, Mining and Energy Union. The Form F17B now states that employees were notified of the vote by hand-delivered memo on 14 March 2024. On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 6 May 2024. The nominal expiry date of the Agreement is 2 July 2027.

The Agreement covers the Construction, Forestry and Maritime Employees Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by FCL Construction Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) for approval of their collective agreement for the period 2024 to 2027. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009, which requires certain industrial agreements to be approved by the Commission before they can take effect. The dispute centred on whether the proposed terms of the agreement met the criteria for approval as set out in the legislation.

The primary legal issue before the FWC was whether the terms of the proposed collective agreement met the requirements for approval under section 234 of the Fair Work Act. Specifically, the FWC needed to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the need for a productive and harmonious workplace. The FWC also had to assess whether the agreement contained any terms that would have an adverse effect on the operations of other employers and employees in the industry.

In delivering its decision, the FWC considered the overall fairness and reasonableness of the proposed agreement. The Commission examined the balance of the terms in the context of the industry, the parties' bargaining positions, and the broader economic environment. The FWC found that the agreement provided for fair and reasonable terms and conditions that promoted a productive and harmonious workplace. The Commission also concluded that the agreement did not contain any terms that would have an adverse effect on the operations of other employers and employees in the industry. As a result, the FWC approved the collective agreement.

The FWC's approval of the agreement means that it can now take effect and govern the terms and conditions of employment between FCL Construction Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) for the period 2024 to 2027. This decision provides clarity and certainty for the parties and ensures that the agreement is compliant with the requirements of the Fair Work Act.

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