Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/645)

PKF PTY LTD T/AS PKF QLD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2024

Application for approval of the PKF Pty Ltd T/As PKF QLD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the PKF Pty Ltd T/As PKF QLD 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 28 November 2023 and the Agreement was made on 29 February 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 27 March 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of a new collective agreement with PKF Pty Ltd, trading as PKF Queensland. The union and the employer had negotiated the terms of the agreement, which covered a four-year period from 2023 to 2027. The application was brought before the Commission under the Fair Work Act 2009, which provides for the approval of such agreements where the Commission is satisfied they meet certain criteria.

The key legal issues before the Commission were whether the collective agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act. The Commission had to consider whether the agreement provided appropriate protections for the employees, including provisions for wages, working conditions, dispute resolution, and other relevant matters. The Commission also had to ensure that the agreement did not undermine the principles of the industrial relations system, such as the right to freedom of association and the protection of vulnerable workers.

The Commission found that the collective agreement met the necessary criteria for approval. It provided appropriate protections for the employees and was in their best interests. The agreement contained provisions for fair wages and conditions, including provisions for overtime, shift penalties, and allowances. The agreement also included provisions for dispute resolution, which provided a fair and efficient process for resolving any disputes that may arise during the term of the agreement. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and did not undermine the principles of the industrial relations system.

The Commission approved the collective agreement between the union and the employer, subject to certain conditions. The conditions included the requirement for the employer to provide the union with certain information and data, and for the union to provide certain training and support to its members. The Commission also imposed a requirement for the parties to review the agreement at the end of the first year of its operation, to ensure that it continued to meet the necessary criteria for approval.

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