Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/354)

THE TRUSTEE FOR DAAC HOLDINGS TRUST T/AS DAAC HOLDINGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2024

Application for approval of The Trustee for DAAC Holdings Trust T/As DAAC Holdings Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Trustee for DAAC Holdings Trust T/As DAAC Holdings 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 10 November 2023 and the Agreement was made on 6 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 6 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

In the Fair Work Commission, an application was filed by The Trustee for DAAC Holdings Trust T/As DAAC Holdings Pty Ltd seeking approval of the CFMEU Union Collective Agreement 2023-2027. The applicant is a trustee for DAAC Holdings Trust, which operates in the construction, forestry, and maritime industries. The applicant requested the Commission's approval of the collective agreement between the employer and the Construction, Forestry and Maritime Employees Union (CFMEU), which governs the terms and conditions of employment for the union's members.

The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Act. The court also had to consider whether the agreement was consistent with the principles of enterprise bargaining and whether it promoted the efficient operation of the workplace.

The Fair Work Commission found that the collective agreement met the requirements for approval under the Fair Work Act 2009. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The court also found that the agreement was consistent with the principles of enterprise bargaining and promoted the efficient operation of the workplace. The Commission approved the collective agreement, subject to certain modifications to address minor concerns about the agreement's compliance with the Act. These modifications were intended to ensure that the agreement remained consistent with the principles of enterprise bargaining and promoted the efficient operation of the workplace.

The Fair Work Commission approved the CFMEU Union Collective Agreement 2023-2027, subject to certain modifications to address minor concerns about the agreement's compliance with the Act. The Commission's decision provides guidance to employers and unions on the requirements for approval of collective agreements under the Fair Work Act 2009. The decision also highlights the importance of ensuring that collective agreements promote the efficient operation of the workplace and are consistent with the principles of enterprise bargaining.

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