Construction, Forestry and Maritime Employees Union Summary

[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

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

In the matter of Construction, Forestry and Maritime Employees Union, the Fair Work Commission was presented with an application for the approval of a new enterprise agreement between Redhill Civil Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) concerning Metronet Projects. The dispute involved the terms of the proposed agreement, including wages, working conditions, and other employment-related matters. The Commission's role was to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was free from prohibited content, whether it was genuinely negotiated, and if it provided for the proper resolution of issues between the parties. Additionally, the Commission had to consider whether the agreement adequately protected the interests of employees and complied with relevant industrial laws and regulations. The Commission examined the evidence presented by both parties and the broader context of industrial agreements in the construction industry.

After reviewing the submissions and evidence, the Commission found that the agreement was free from prohibited content, had been genuinely negotiated, and provided for the proper resolution of issues. The Commission determined that the agreement met the necessary criteria for approval and would serve the interests of both the employer and employees. The Commission approved the agreement, highlighting its balanced approach and the comprehensive negotiation process that had taken place. The final orders included the approval of the Redhill Civil Pty Ltd and CFMEU (WA) (Metronet Projects) Agreement 2024, effective from the date of the decision.

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