Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1027)

SMARTSCAFF PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 APRIL 2024

Application for approval of the Smartscaff Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Smartscaff 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 8 December 2023 and the Agreement was made on 22 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 16 April 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 matter before the Fair Work Commission involved an application for the approval of a proposed collective agreement between Smartscaff Pty Ltd and the Construction, Forestry and Maritime Employees Union. The agreement, covering the period from 2023 to 2027, was submitted for the Commission’s endorsement to ensure its compliance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included verifying that the agreement was made in good faith and without coercion, that it complied with relevant minimum standards, and that it was not detrimental to the broader public interest. The Commission also had to consider whether the agreement contained any terms that were contrary to the principles of the national workplace relations system.

In its decision, the Commission found that the proposed collective agreement was in line with the requirements of the Fair Work Act. The Commission confirmed that the agreement was made in good faith and without coercion, and it satisfied all minimum standards. Additionally, the Commission determined that the agreement did not pose any risk to the public interest. Consequently, the Commission approved the Smartscaff Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

The Commission's final order was that the agreement be approved and registered with the Fair Work Commission, effective from the specified commencement date. This approval ensures that the terms of the agreement are legally enforceable between the parties, providing certainty and stability in the workplace for the duration of the agreement.

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