Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/516)

JEFFS BRICKLAYING PTY LTD T/AS ABLE BUILDING COMPANY 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 Jeffs Bricklaying Pty Ltd T/As Able Building Company and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Jeffs Bricklaying Pty Ltd T/As Able Building Company 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 14 December 2023 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

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, acting on behalf of its members, applied to the Fair Work Commission for approval of a collective agreement between Jeffs Bricklaying Pty Ltd trading as Able Building Company and the union for the period 2023-2027. The union's application was subject to certain procedural requirements, including the need to provide the employer with a copy of the agreement and to offer the employer an opportunity to object to the application.

The central issue before the commission was whether the union had complied with the statutory requirements for the approval of a collective agreement. Specifically, the commission had to determine whether the union had provided the employer with a copy of the agreement and given the employer a reasonable opportunity to object to the application. The union argued that it had complied with the statutory requirements, while the employer contended that it had not been provided with a copy of the agreement or given an opportunity to object.

The commission found that the union had not provided the employer with a copy of the agreement or given the employer a reasonable opportunity to object to the application. The commission held that the union's failure to comply with the statutory requirements meant that the application for approval of the agreement could not be approved. The commission also found that the employer had not had a reasonable opportunity to object to the application because it had not been provided with a copy of the agreement or informed of the application until the day before the hearing.

The commission dismissed the union's application for approval of the collective agreement. The union was ordered to pay the employer's costs of the application, which amounted to $1,500. The commission emphasised the importance of complying with the statutory requirements for the approval of a collective agreement and warned that failure to do so could result in the agreement not being approved.

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