Construction, Forestry and Maritime Employees Union

[2024] FWCA 1127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/801)

BINGIN HOLDINGS PTY LTD T/AS SUPERIOR FENCES GROUP GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

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

Application for approval of the Bingin Holdings Pty Ltd T/As Superior Fences Group GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

An application has been made for approval of an enterprise agreement known as the Bingin Holdings Pty Ltd T/As Superior Fences Group GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT (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 14 February 2024 and the Agreement was made on 8 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 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union and Bingin Holdings Pty Ltd T/As Superior Fences Group. The union sought approval for an enterprise agreement related to the Gold Coast Light Rail Stage 3 Project. The matter was heard in the Fair Work Commission. The central legal issue was whether the enterprise agreement proposed by the union met the necessary requirements under the Fair Work Act 2009, including whether it complied with the 'better-off, overall test', which ensures that employees are not worse off under the new agreement.

The Commission examined the proposed agreement, considering whether it provided a safety net for employees by including minimum wages and conditions, and whether it provided for a fair and efficient industrial relations system. The Commission found that the agreement met the statutory requirements, including the 'better-off, overall test', and was in the interests of fairness and efficiency in the workplace. The agreement was approved, allowing it to take effect and bind the parties.

The court determined that the enterprise agreement was fair and reasonable and met the requirements of the Fair Work Act. The agreement was approved, and the parties were bound by its terms. The Commission highlighted the importance of ensuring that employees were not disadvantaged by the agreement and that it provided a fair and efficient system for industrial relations. The approval of the agreement marked a significant step forward in the project, allowing the parties to move forward with confidence.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established