Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/272)

AVOPILING MANAGEMENT (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 Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Avopiling Management (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 7 December 2023 and the Agreement was made on 29 January 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 sought approval of a collective agreement with Avopiling Management (QLD) Pty Ltd. The agreement, proposed for the years 2023 to 2027, outlines terms and conditions of employment for the workers involved. The Union argued that the agreement met the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees. The legal issues before the Commission were whether the agreement was fairly and genuinely negotiated and whether it adhered to the statutory requirements, including provisions for good faith bargaining and the avoidance of unprotected industrial action.

The Commission examined the bargaining process, the content of the agreement, and the context of the negotiations. It considered the Union's evidence that the agreement was negotiated in good faith and that the terms were reasonable and fair. The Commission also assessed whether the agreement adequately covered essential terms and conditions, and whether it was likely to promote harmonious, productive, and cooperative workplace relations. The Union demonstrated that the agreement included provisions for fair pay and conditions, including allowances and penalty rates, which were in line with industry standards. The Commission found that the agreement was the result of genuine bargaining efforts and was consistent with statutory obligations.

Upon reviewing the evidence and submissions, the Commission approved the collective agreement, stating that it met the necessary criteria for approval under the Fair Work Act. The Commission acknowledged the Union's commitment to fair and genuine negotiations and the overall fairness of the agreement's terms. The Commission also noted that the agreement would likely contribute to improved workplace relations and employee satisfaction. The Commission's approval ensures that the collective agreement will become legally binding and enforceable from the specified commencement date.

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