Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/928)

FACADE INSTALLERS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 4 APRIL 2024

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

An application has been made for approval of a greenfields agreement known as the Facade Installers 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, Mining and Energy 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, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 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 Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of the Facade Installers Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The applicant union argued the agreement met the requirements of the Fair Work Act 2009. Facade Installers Pty Ltd, the employer, opposed the application, contending the agreement contained provisions that were contrary to public policy and not genuinely bargained. The matter was heard in the Fair Work Commission, with the decision rendered by Commissioner Wilson.

The central issue before the Commission was whether the collective agreement was genuinely a product of free collective bargaining and whether it contained any provisions that contravened public policy. The Commission examined the bargaining process and the content of the agreement, including provisions related to the use of labour hire arrangements and the regulation of employment terms and conditions. The employer argued that the agreement improperly restricted the use of labour hire and contained terms that were overly prescriptive.

Commissioner Wilson found that the collective agreement was genuinely the product of free collective bargaining and did not contain any provisions that contravened public policy. The Commission noted that the agreement allowed for labour hire arrangements under certain conditions and that these conditions were not overly restrictive. The Commission further found that the agreement did not unduly regulate employment terms and conditions, as the provisions were a result of genuine bargaining between the parties. Accordingly, the application for approval was approved.

The Fair Work Commission approved the Facade Installers Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The employer's objections were dismissed, and the agreement was deemed to comply with the requirements of the Fair Work Act 2009. The decision reinforces the importance of genuine collective bargaining and the need for collective agreements to be carefully scrutinised to ensure they do not contravene public policy.

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