Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1241)

STATEWIDE STEELFIXING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 APRIL 2024

Application for approval of the Statewide Steelfixing (QLD) PTY LTD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Statewide Steelfixing (QLD) PTY LTD and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between the Statewide Steelfixing (QLD) Pty Ltd and the Construction, Forestry and Maritime Employees Union. The agreement, spanning from 2023 to 2027, was subject to scrutiny to ensure its compliance with relevant industrial laws and provisions. The case was heard in the Fair Work Commission, the federal tribunal in Australia responsible for resolving workplace disputes and overseeing the enforcement of the Fair Work Act 2009.

The primary legal issues before the court were the assessment of whether the collective agreement was made in good faith, the extent to which it complied with the provisions of the Fair Work Act, and whether it was consistent with the principles of industrial justice. The court was required to determine if the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. Additionally, the court had to consider whether the agreement met the criteria for approval as outlined in the relevant legislation.

In delivering its decision, the Fair Work Commission found that the collective agreement was indeed made in good faith and complied with the requirements of the Fair Work Act. The court considered the terms of the agreement to be fair and reasonable, acknowledging the negotiations between the parties and the context of the industry. The Commission was satisfied that the agreement balanced the interests of both parties and adhered to the principles of industrial justice. Consequently, the court approved the collective agreement for the period specified.

As a result of the court's decision, the Statewide Steelfixing (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027 was approved and is now legally binding on the parties involved. This approval ensures that the terms of the agreement will govern the employment conditions for the specified period, subject to the ongoing compliance with industrial laws and regulations.

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