Construction, Forestry and Maritime Employees Union

Case

[2024] FWCA 1560

29 APRIL 2024


[2024] FWCA 1560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1364)

STEELFINNE FABRICATIONS UNIT TRUST T/AS STEELFINNE FABRICATIONS 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 Steelfinne Fabrications Unit Trust T/As Steelfinne Fabrications Pty Ltd and CFMEU Union Collective Agreement 2023–2027

  1. An application has been made for approval of an enterprise agreement known as the Steelfinne Fabrications Unit Trust T/As Steelfinne Fabrications 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[KT1] .

  1. 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 26 February 2024 and the Agreement was made on 20 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, 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

<AE524431  PR774315>

[KT1]Insert Masson paragraph - follow up with Tay please.

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