Construction, Forestry and Maritime Employees Union

[2024] FWCA 903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/551)

BAUER FOUNDATIONS AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2024

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

An application has been made for approval of an enterprise agreement known as the BAUER FOUNDATIONS 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 5 February 2024 and the Agreement was made on 27 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 21 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

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement with Bauer Foundations Australia Pty Ltd, covering the period 2023-2027. The CFMEU sought to have the agreement registered and made binding on both parties, as well as on any future employees who might be covered by the agreement. The application was made under section 234 of the Fair Work Act 2009, which allows the FWC to approve collective agreements that meet certain criteria.

The primary legal issues before the FWC were whether the collective agreement was made in good faith, and whether it complied with the requirements of the Fair Work Act. The FWC considered whether the agreement contained terms and conditions that were fair and reasonable, and whether it provided for a fair process for the resolution of workplace disputes. The FWC also considered whether the agreement complied with the statutory requirements for collective agreements, including the need for the agreement to be in writing, to be signed by authorised representatives of both parties, and to contain certain prescribed terms and conditions.

In approving the agreement, the FWC found that it was made in good faith and complied with the requirements of the Fair Work Act. The FWC noted that the agreement contained terms and conditions that were fair and reasonable, and provided for a fair process for the resolution of workplace disputes. The FWC also found that the agreement complied with the statutory requirements for collective agreements, including the need for the agreement to be in writing, to be signed by authorised representatives of both parties, and to contain certain prescribed terms and conditions. The FWC was satisfied that the agreement met the criteria for approval under section 234 of the Fair Work Act.

The FWC approved the Bauer Foundations Australia Pty Ltd and CFMEU Union Collective Agreement 2023–2027, and made it binding on both parties, as well as on any future employees who might be covered by the agreement. The FWC noted that the agreement provided for a fair and reasonable set of terms and conditions for employees, and provided for a fair process for the resolution of workplace disputes. The FWC was satisfied that the agreement met the criteria for approval under the Fair Work Act, and that it would promote harmonious, productive and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established