Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/273)

DE MARTIN & GASPARINI QUEENSLAND 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 De Martin & Gasparini Queensland Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the De Martin & Gasparini Queensland 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 7 December 2023 and the Agreement was made on 1 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, acting on behalf of its members, applied for approval of the De Martin & Gasparini Queensland Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The agreement was intended to regulate the terms and conditions of employment for workers in the Queensland construction industry. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements for approval, including whether it met the "better off overall test" and whether it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission also considered whether the agreement contained any provisions that were contrary to public policy or that had the potential to undermine the rights of employees.

The Commission found that the agreement met the "better off overall test" and that it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that had the potential to undermine the rights of employees. The Commission approved the agreement, subject to certain conditions, including that the agreement be registered with the Fair Work Commission and that any disputes arising under the agreement be referred to the Commission for resolution.

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