Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/802)

MY FENCE AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 APRIL 2024

Application for approval of the My Fence Australia Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the My Fence Australia 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 16 February 2024 and the Agreement was made on 15 March 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 9 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 applicant, the Construction, Forestry and Maritime Employees Union, applied for approval of a collective agreement between itself and My Fence Australia Pty Ltd. The agreement was intended to cover the period from 2023 to 2027 and encompassed various terms and conditions of employment for the workers in the fencing industry. The dispute arose because My Fence Australia Pty Ltd, an employer, sought to finalise a collective agreement that would regulate the terms of employment for its workforce, including wages, working hours, and other employment conditions. The Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009, was the tribunal that heard the matter.

The key legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained terms that complied with the provisions of the Act, including whether it provided for minimum entitlements for employees, and if it was in the best interests of the employees it covered. Additionally, the Commission needed to assess whether the agreement provided for a fair and efficient process for resolving disputes between the parties.

The Commission found that the proposed collective agreement was in compliance with the requirements of the Act. It contained terms that met the minimum entitlements for employees and provided for an efficient process for resolving disputes. The Commission also concluded that the agreement was in the best interests of the employees it covered. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases and improved working conditions. The Commission approved the agreement, subject to certain minor modifications, which the parties were required to implement within a specified timeframe.

The Commission's decision was that the My Fence Australia Pty Ltd and CFMEU Union Collective Agreement 2023–2027 be approved, subject to the minor modifications specified in the decision. The Commission also ordered that the parties were to take all necessary steps to give effect to the approved agreement, including any modifications made by the Commission. The decision was final and binding on the parties, and could not be appealed except on limited grounds specified in the Act.

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