Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1239)

MASTER FLOOR PREPARERS (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 Preparers (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 Preparers (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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The parties involved in the dispute were Master Floor Preparers (QLD) Pty Ltd, a flooring company, and the CFMEU, which represents workers in the construction and related industries. The application was heard in the Fair Work Commission, which has the authority to approve and register collective agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms and conditions outlined in the proposed collective agreement complied with the statutory requirements of the Fair Work Act. This included ensuring that the agreement did not adversely affect the operation of other registered agreements and that it adhered to the principles of good faith bargaining and workplace relations. The Commission also had to consider if the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission, after reviewing the collective agreement, found that it met all the statutory requirements and did not have any adverse effects on other registered agreements. The Commission determined that the agreement was the product of genuine good faith bargaining and that it provided fair and reasonable terms and conditions for the employees. Consequently, the Commission approved and registered the collective agreement, allowing it to come into effect on the specified dates.

The Fair Work Commission, therefore, issued an order approving the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027 and directed that it be registered under the Fair Work Act. This decision was made based on the evidence presented and the findings of the Commission that the agreement was fair, reasonable, and in compliance with the statutory requirements.

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