Construction, Forestry and Maritime Employees Union

[2024] FWCA 724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/335)

CAPITAL FORMWORK 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 Capital Formwork Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Capital Formwork 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 15 December 2023 and the Agreement was made on 2 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

In this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the Capital Formwork Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The dispute centred around the terms and conditions outlined in the collective agreement, which would govern employment relationships between the union and the employer. The Fair Work Commission was the court responsible for examining the application.

The central legal issues for the Commission were whether the collective agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. This involved assessing whether the agreement met the standards set by the Fair Work Act 2009 and determining if the agreement provided fair and reasonable terms for the employees. The Commission also had to consider if the agreement contained any terms that could be considered contrary to public policy or inconsistent with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the agreement met the necessary statutory requirements and was in the best interests of the employees. The Commission examined the provisions of the agreement and found that they provided fair and reasonable terms for the employees, without any elements that would be considered contrary to public policy. The agreement was deemed to be consistent with the broader objectives of the Fair Work Act. As a result, the Commission approved the collective agreement.

The Fair Work Commission approved the Capital Formwork Pty Ltd and CFMEU Union Collective Agreement 2023–2027, confirming its compliance with the relevant legislation and its suitability for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established