Construction, Forestry and Maritime Employees Union

[2024] FWCA 1464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1238)

MASTER FLOOR COVERINGS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 APRIL 2024

Application for approval of the Master Floor Coverings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Master Floor Coverings (QLD) 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 4 March 2024 and the Agreement was made on 8 April 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 1 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 case involved the Construction, Forestry and Maritime Employees Union and Master Floor Coverings (QLD) Pty Ltd, which sought approval for their collective agreement from 2023 to 2027. The matter was heard in the Fair Work Commission. The union and the employer had negotiated terms and conditions for their employees, but required the Commission's approval to ensure compliance with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed collective agreement met the statutory requirements under the Fair Work Act. This included determining whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the principles of the Act, such as maintaining the capacity of employers to manage their businesses effectively. The Commission also needed to consider if the agreement provided for fair dispute resolution mechanisms and ensured that employees were not disadvantaged in terms of their wages and conditions.

In considering these issues, the Commission examined the proposed terms and conditions of the agreement, assessing them against the statutory criteria set out in the Fair Work Act. The Commission took into account the nature of the industry, the bargaining positions of the parties, and the overall fairness and reasonableness of the agreement. The Commission also considered submissions from both parties and any relevant evidence presented. Ultimately, the Commission determined that the agreement met the statutory requirements and approved it, ensuring that it complied with the principles of the Act and provided for fair and reasonable terms and conditions for employees.

No final orders were provided in the text.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established