Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/447)

THE TRUSTEE FOR TOOWOOMBA ENGINEERING UNIT TRUST T/AS TOOWOOMBA ENGINEERING AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MARCH 2024

Application for approval of the The Trustee for Toowoomba Engineering Unit Trust T/As Toowoomba Engineering and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the The Trustee for Toowoomba Engineering Unit Trust T/As Toowoomba Engineering 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 23 January 2024 and the Agreement was made on 15 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 14 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 case involved an application for the approval of a collective agreement between The Trustee for Toowoomba Engineering Unit Trust, trading as Toowoomba Engineering, and the Construction, Forestry and Maritime Employees Union. The application was brought before the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions for good faith bargaining, and whether it contained any terms that were contrary to public policy or industrial instruments.

The Fair Work Commission evaluated the proposed agreement against the statutory criteria set out in the Fair Work Act. The Commission considered whether the agreement was genuinely negotiated between the parties, and if it provided for fair and reasonable terms. The Commission also examined whether the agreement included any provisions that might be considered unfair or detrimental to the workforce. After careful analysis, the Commission concluded that the agreement met the necessary requirements for approval. It found that the agreement had been negotiated in good faith and that the terms were fair and reasonable. The Commission did not find any provisions that contravened public policy or other industrial instruments.

As a result of this determination, the Commission approved the proposed agreement. The approval signified that the collective agreement could now be implemented, providing the terms of employment and industrial relations for the employees of Toowoomba Engineering. The decision underscored the importance of fair and genuine negotiations in the formation of collective agreements, ensuring that both parties' interests are appropriately balanced. The Commission's approval of the agreement marked the conclusion of this particular application, with no further orders issued beyond the approval itself.

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