Construction, Forestry and Maritime Employees Union Summary

[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

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] .

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.

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 May 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry and Maritime Employees Union (CFMEU) and Steelfinne Fabrications Unit Trust trading as Steelfinne Fabrications Pty Ltd. The dispute pertained to the application for approval of their union collective agreement for the period 2023–2027. The matter was brought before the Fair Work Commission in Australia. The legal issues the court was required to decide centred on whether the proposed collective agreement met the criteria set out in the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and protected action. The court also had to consider if the agreement was in the best interests of the employees, and whether it complied with the relevant industrial laws and regulations.

The court meticulously examined the provisions of the proposed agreement, assessing its conformity with the statutory requirements. The judge highlighted the importance of ensuring that the agreement was made in good faith, contained no unlawful content, and provided for a fair and reasonable resolution of the employment terms. The court evaluated whether the agreement achieved a balance between the interests of the employer and the employees, and whether it adhered to the principles of procedural fairness and non-discrimination. The court also considered the impact of the agreement on the broader industrial relations system and its consistency with relevant industrial laws and regulations.

Upon thorough examination, the court found that the proposed collective agreement satisfied the necessary legal requirements and principles. The agreement was deemed to be made in good faith, contained no unlawful provisions, and provided for a fair and reasonable resolution of the employment terms. The court concluded that the agreement was in the best interests of the employees and complied with the relevant industrial laws and regulations. Consequently, the court approved the application for the collective agreement to be in effect for the period 2023–2027. The final orders of the court were to approve the Steelfinne Fabrications Unit Trust T/As Steelfinne Fabrications Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

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