Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/181)

EAST COAST CRANES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2024

Application for approval of the East Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the East Coast Cranes 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 8 December 2023 and the Agreement was made on 19 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 19 February 2024. The nominal expiry date of the Agreement is 2 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the Construction, Forestry and Maritime Employees Union (CFMEU) and East Coast Cranes Pty Ltd concerns an application for the approval of a collective agreement between the union and the company, covering the period from 2023 to 2027. The application was brought before the Fair Work Commission (FWC), the primary body in Australia for the resolution of workplace disputes. The CFMEU, representing the employees, and East Coast Cranes, the employer, sought the FWC’s approval for the terms and conditions outlined in their collective agreement.

The legal issues before the FWC included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement adequately covered the mandated minimum terms and conditions, ensured compliance with the law, and was free from any discriminatory or unfair provisions. The FWC also had to assess whether the agreement was negotiated in good faith and whether it provided a fair and efficient process for resolving workplace disputes.

In considering these issues, the FWC evaluated the content of the collective agreement, the bargaining process, and the provisions for dispute resolution. The Commission found that the agreement was comprehensive, covering all mandated minimum terms and conditions, and did not contain any discriminatory or unfair clauses. The FWC was satisfied that the agreement was negotiated in good faith and provided for a fair and efficient process for resolving workplace disputes. Consequently, the FWC approved the collective agreement, recognising it as meeting all necessary legal requirements.

The FWC's approval of the agreement signifies its endorsement of the terms and conditions negotiated between the CFMEU and East Coast Cranes, ensuring that these terms are legally binding and enforceable. This decision reinforces the importance of the FWC in facilitating fair and balanced agreements between employers and employees, thereby contributing to a stable and productive workplace environment.

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