Construction, Forestry and Maritime Employees Union

[2024] FWCA 1563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1357)

FINLAY GROUP CONTRACTING (WA) PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 APRIL 2024

Application for approval of the Finlay Group Contracting (WA) Pty Ltd 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 Finlay Group Contracting (WA) Pty Ltd 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 29 April 2024 and, in accordance with s 54, will operate from 6 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) and Finlay Group Contracting (WA) Pty Ltd sought approval for their collective agreement covering the period 2024-2027. The application was heard in the Fair Work Commission, which has the authority to approve such agreements to ensure they meet the requirements of the Fair Work Act 2009. The dispute centred on whether the terms of the proposed agreement complied with the relevant legislative provisions and whether they met the standards set for fair and equitable employment conditions.

The legal issues before the Commission included whether the agreement adequately addressed minimum wage rates, classification and entitlements, working conditions, and procedural fairness. The Commission needed to determine if the proposed terms were consistent with the broader objectives of the Fair Work Act, such as protecting employees' rights and maintaining industrial harmony. Additionally, the Commission considered the impact of the agreement on the broader workforce and whether it contributed to a fair and efficient workplace.

The Commission concluded that the collective agreement met the necessary standards for approval. It found that the agreement provided for fair wages and conditions, and that it was consistent with the principles of procedural fairness and industrial harmony. The Commission acknowledged the need for the agreement to reflect the specific circumstances of the parties involved while also aligning with broader legislative objectives. The approval of the agreement was seen as a balanced approach that recognised the rights of both employers and employees, and that it would contribute positively to the industrial relations environment.

The Commission approved the Finlay Group Contracting (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027, effective from the agreed date. This decision provided clarity and certainty for both parties, ensuring that the terms of employment were fair and met the requirements of the Fair Work Act. The approval was contingent on the agreement being implemented in good faith, and the Commission retained the authority to review and address any issues that might arise during the term of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established