Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/278)

ROBERTSON COATINGS (QLD) 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 Robertson Coatings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Robertson Coatings (QLD) 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 11 October 2023 and the Agreement was made on 5 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 Fair Work Commission involved an application for approval of a collective agreement between Robertson Coatings (QLD) Pty Ltd and the Construction, Forestry and Maritime Employees Union. The agreement sought to regulate the terms and conditions of employment for employees within the specified period of 2023 to 2027. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and met the criteria for approval.

The primary legal issue before the Commission was whether the collective agreement adhered to the statutory requirements outlined in the Fair Work Act, specifically sections 232 and 233. The Commission considered whether the agreement contained appropriate provisions for the protection of employees, including minimum wages and conditions, and whether it was made in good faith. The Commission also examined whether the agreement included appropriate dispute resolution mechanisms and whether it had been negotiated fairly.

In reaching its decision, the Fair Work Commission found that the collective agreement was in compliance with the statutory requirements. The Commission determined that the agreement contained adequate provisions for minimum wages and conditions, as well as provisions for dispute resolution. The Commission concluded that the agreement had been negotiated in good faith and met the criteria for approval. Consequently, the Commission approved the Robertson Coatings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The Commission noted that this decision was subject to the agreement being registered with the Fair Work Commission Registry.

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