Construction, Forestry and Maritime Employees Union

[2024] FWCA 677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/275)

C.B.D LANDSCAPE CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2024

Application for approval of the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the C.B.D Landscape Construction 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 2 January 2024 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 28 February 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 court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and C.B.D Landscape Construction Pty Ltd. The parties sought approval of their proposed Collective Agreement for the period 2023-2027. The application was brought to the Fair Work Commission, which has jurisdiction over matters concerning employment agreements and industrial relations. The primary legal issue before the court was whether the proposed collective agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009, and whether it met the requirements for approval under the Fair Work Regulations 2009.

The court examined various aspects of the collective agreement to determine its compliance. It assessed whether the agreement contained all the mandated terms and conditions, including minimum wage rates, penalty rates, leave provisions, and other employment standards. The court also considered if the agreement provided for the resolution of disputes and included appropriate dispute resolution mechanisms. Furthermore, the court scrutinised whether the agreement allowed for the protection of employees' rights and interests and whether it adhered to the principles of good faith bargaining.

Upon reviewing the collective agreement, the court found that it complied with all the statutory requirements and met the criteria for approval. The agreement contained all necessary terms and conditions, provided adequate dispute resolution mechanisms, and protected employees' rights and interests. The court also noted that the agreement was the result of good faith bargaining between the parties. Therefore, the court approved the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2023-2027.

In conclusion, the Fair Work Commission approved the collective agreement between C.B.D Landscape Construction Pty Ltd and the CFMEU. The court found that the agreement met all the statutory requirements and adhered to the principles of good faith bargaining. The approval of the collective agreement ensures that employees within the scope of the agreement will benefit from the agreed-upon terms and conditions, promoting fair and harmonious industrial relations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established