Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/209)

FT WORKFORCE PTY LTD AND CFMEU (WA) (METRONET PROJECTS) AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 FEBRUARY 2024

Application for approval of the FT Workforce Pty Ltd and CFMEU (WA) (METRONET Projects) Agreement 2024

An application has been made for approval of a greenfields agreement known as the FT Workforce Pty Ltd and CFMEU (WA) (METRONET Projects) Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (the CFMEU) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 CFMEU 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 CFMEU and that the Agreement covers the CFMEU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 February 2024. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry and Maritime Employees Union (CFME Union) applied to the Fair Work Commission for approval of an enterprise agreement between the FT Workforce Pty Ltd and the CFMEU (WA) Metronet Projects. The agreement, if approved, would govern the employment terms of workers in the Metronet Projects sector. The CFMEU sought to ensure that the agreement was fair and balanced, providing adequate protections and benefits for its members while also considering the needs of the employer.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements for genuine bargaining and consultation with the parties involved. The Commission had to determine if the agreement achieved a balance between the rights and interests of employees and employers, and if it met the standards of procedural fairness and good faith bargaining.

After considering the submissions and evidence presented by both parties, the Commission found that the agreement contained terms and conditions that were fair and reasonable. The CFMEU demonstrated that it had engaged in genuine bargaining with FT Workforce, and the agreement reflected a fair balance between the interests of the employees and the employer. The Commission was satisfied that the agreement met all the necessary criteria for approval, including the requirement for procedural fairness. Consequently, the Commission approved the CFMEU (WA) Metronet Projects Agreement 2024.

The Fair Work Commission approved the CFMEU (WA) Metronet Projects Agreement 2024, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the workers involved in the Metronet Projects, providing a framework for fair and balanced workplace relations.

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