Construction, Forestry and Maritime Employees Union

[2024] FWCA 678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/277)

WILSON FACADES FIXING PTY LTD AND THE TRUSTEE FOR WILSON FAMILY TRUST T/AS WILSON FAÇADE INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER SIMPSON	BRISBANE, 21 FEBRUARY 2024

Application for approval of the Wilson Facades Fixing Pty Ltd and The Trustee for Wilson Family Trust T/As Wilson Façade Installations Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Wilson Facades Fixing Pty Ltd and The Trustee for Wilson Family Trust T/As Wilson Façade Installations Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the applicant sought approval for a union collective agreement with Wilson Facades Fixing Pty Ltd and The Trustee for Wilson Family Trust T/As Wilson Facade Installations Pty Ltd for the period 2023–2027. The application was heard by the Fair Work Commission (FWC) in Australia. The primary dispute centred around the terms and conditions of the collective agreement, particularly in relation to employee entitlements, classification, and dispute resolution mechanisms.

The legal issues before the FWC included whether the proposed collective agreement met the requirements of the Fair Work Act 2009, particularly concerning the good faith bargaining process, and if the agreement's terms and conditions were fair and reasonable. The FWC had to assess whether the agreement reflected a balance of interests between the employer and employees, and whether it was consistent with the overarching principles of the Fair Work Act.

The FWC carefully examined the evidence presented by both parties and the bargaining process. The Commission considered the nature of the industry, the roles of the employees, and the economic conditions affecting the sector. Ultimately, the FWC concluded that the agreement reflected a fair and reasonable balance of interests. The terms were deemed to be consistent with the principles of the Fair Work Act and met the criteria for approval. The FWC approved the collective agreement, emphasising the importance of maintaining a balanced approach to employment relations within the industry.

The Fair Work Commission approved the collective agreement, ensuring that it adhered to the statutory requirements and balanced the interests of both parties. This decision provides a framework for future agreements within the industry, highlighting the importance of fair and reasonable terms in collective bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established