Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/727)

FINNBARR CONSTRUCTION PTY LTD / CFMEU COLLECTIVE CIVIL FORMWORK AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 MARCH 2024

Application for approval of the Finnbarr Construction Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Finnbarr Construction Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023 (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 13 February 2024 and the Agreement was made on 7 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 2 April 2024. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between Finnbarr Construction Pty Ltd and the CFMEU, specifically the Finnbarr Construction Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023. The dispute arose under the Fair Work Act 2009, with the CFMEU seeking the court's approval of the collective agreement as a registered agreement, which would provide for its enforcement without the need for individual employees to initiate proceedings.

The central legal issue before the court was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. The court was required to determine if the agreement was genuinely negotiated, contained necessary provisions, and was in the best interests of the employees it covered. The court also needed to consider if there were any procedural irregularities in the negotiation or registration process.

The court examined the evidence and submissions from both parties, considering the negotiation process, the content of the agreement, and its implications for the employees. The court found that the agreement was genuinely negotiated, contained all necessary provisions, and was in the best interests of the employees. The court also determined that there were no procedural irregularities that would invalidate the agreement. Based on these findings, the court approved the collective agreement, thereby registering it under the Fair Work Act.

Consequently, the court issued an order approving the Finnbarr Construction Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023, making it a registered agreement effective from the date of the order. This decision ensures that the terms of the agreement are enforceable without the need for individual employees to initiate proceedings, providing a clear and efficient means for resolving disputes under the agreement.

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