| [2024] FWCA 889 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/512)
QLD CONCRETE DRILLING & SAWING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 12 MARCH 2024 |
Application for approval of the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2023–2027
An application has been made for approval of an enterprise agreement known as the QLD Concrete Drilling & Sawing 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 19 January 2024 and the Agreement was made on 26 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 19 March 2024. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523796 PR772249>
- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 889
- Case
- [2024] FWCA 889
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the collective agreement met the criteria for approval under section 234 of the Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it complied with the requirements of the Fair Work Act. The union argued that the agreement provided fair and equitable terms for the employees, while the company expressed concerns about the financial implications of the proposed terms.
In delivering its decision, the Commission first examined the procedural aspects of the agreement, confirming that the necessary consultation and negotiation processes had been followed. The FWC then assessed the substantive terms of the agreement, considering the economic context and the interests of both the employees and the employer. The Commission found that the agreement provided reasonable and fair terms for the employees, taking into account the company's capacity to pay and the need to maintain industrial harmony. The FWC approved the collective agreement, recognising its balance between the interests of the employees and the company.
The Fair Work Commission approved the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2023–2027, confirming its compliance with the requirements of the Fair Work Act. The Commission's decision highlighted the importance of achieving a fair balance between the interests of employees and employers in the approval of collective agreements.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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