Construction, Forestry and Maritime Employees Union

[2024] FWCA 1208

[2024] FWCA 1208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/827)

REDHILL CIVIL PTY LTD AND CFMEU (WA) (METRONET PROJECTS) AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 5 APRIL 2024

Application for approval of the Redhill Civil Pty Ltd and CFMEU (WA) (METRONET PROJECTS) Agreement 2024

1. The Construction, Forestry and Maritime Employees Union (CFMEU) (the Applicant) has made an application for the approval of an enterprise agreement known as the Redhill Civil Pty Ltd and CFMEU (WA)(METRONET PROJECTS) Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

1. The Applicant’s Form F17 identified that relevant employees were notified of the Agreement vote on 28 February 2024 and voting commenced on 5 March 2024. This is less than the clear 7 days prescribed in Principle 6(a) of the Statement of Principles on Genuine Agreement (Statement of Principles), made pursuant to s 188B of the Act. However, I am satisfied that the Applicant was the bargaining representative for all employees who were eligible to vote on the Agreement and there was agreement for a shorter access period. I am therefore satisfied that 6(b) of the Statement of Principles has been met.

1. 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 Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s 173(2) was 5 February 2024 and the Agreement was made on 5 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Construction, Forestry and Maritime Employees Union (CFMEU) (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 5 April 2024 and, in accordance with s 54, will operate from 12 April 2024.  The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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