Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/334)

GABBA WATERPROOFING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2024

Application for approval of the Gabba Waterproofing Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Gabba Waterproofing 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 October 2023 and the Agreement was made on 8 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 5 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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for approval of the Gabba Waterproofing Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The primary dispute centred on whether the agreement, which outlined terms and conditions of employment for workers at Gabba Waterproofing Pty Ltd, was in the best interests of the employees and complied with relevant legislation.

The legal issues addressed by the Commission included whether the terms of the agreement were fair and reasonable, whether they complied with the statutory requirements of the Fair Work Act 2009, and whether they adequately protected the rights and interests of the employees. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employer and the employees, ensuring it was not overly favourable to one party.

In its reasoning, the Commission examined the specific provisions of the agreement, including wage rates, working conditions, dispute resolution mechanisms, and other employment terms. The Commission also took into account submissions from both the union and the employer, as well as the broader context of industrial relations in the relevant industry. The Commission concluded that the agreement was fair and reasonable, and it approved the collective agreement, finding that it met the statutory requirements and appropriately balanced the interests of both parties.

The Fair Work Commission approved the Gabba Waterproofing Pty Ltd and CFMEU Union Collective Agreement 2023–2027, recognising it as a valid and enforceable agreement under the Fair Work Act. The approval ensures that the terms and conditions set out in the agreement will apply to the employees of Gabba Waterproofing Pty Ltd for the duration 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