Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/451)

PRIEST GROUP BRICKLAYING PTY LTD 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 Priest Group Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Priest Group Bricklaying 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 24 November 2023 and the Agreement was made on 16 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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval from the Fair Work Commission (FWC) of the Priest Group Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The application for approval was made under the Fair Work Act 2009 (Cth), which governs the process for approving certain types of collective agreements. The Priest Group Bricklaying Pty Ltd, a company in the bricklaying industry, and the CFMEU, a trade union representing employees in the construction industry, had entered into a collective agreement covering employment terms and conditions. The application for approval was necessary to ensure the agreement met the legal standards required under the Fair Work Act.

The primary legal issues before the FWC were whether the collective agreement met the criteria for approval under section 232 of the Fair Work Act. This involved determining if the agreement was "appropriate and fair" and whether it contained certain "protected action provisions" that are necessary to protect the rights of employees. The FWC had to consider whether the agreement provided adequate protections for employees, including provisions for dispute resolution, minimum wages and conditions, and provisions for employee representation and consultation. The FWC also had to assess whether the agreement included any terms that could potentially be detrimental to the employees' rights or interests.

The FWC found that the Priest Group Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2023–2027 was appropriate and fair, meeting the criteria for approval under section 232 of the Fair Work Act. The agreement included comprehensive provisions for dispute resolution, minimum wages and conditions, and employee representation and consultation, ensuring that employees' rights were adequately protected. The FWC noted that the agreement contained all necessary protected action provisions and did not include any terms that could potentially be detrimental to employees. Consequently, the FWC approved the collective agreement, finding it to be in compliance with the requirements of the Fair Work Act.

The FWC's approval of the collective agreement ensures that the terms and conditions set out in the agreement will be legally binding on both the Priest Group Bricklaying Pty Ltd and its employees, as well as on the CFMEU and its members. This decision provides certainty and stability in the workplace, ensuring that employees will be protected under the agreed terms and conditions. The approval also facilitates the enforcement of the agreement, should any disputes arise, providing a clear framework for resolving any issues that may occur during the term of the agreement.

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