Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2023/5403)

RTC MASONRY PTY LTD AND LITTLE MIGHTY CONCRETE PUMP PTY LTD AND CFMEU ACT BRICKLAYING AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 7 FEBRUARY 2024

Application for approval of the RTC Masonry Pty Ltd and Little Mighty Concrete Pump Pty Ltd and CFMEU ACT Bricklaying Agreement 2023

The Construction, Forestry, Mining and Energy Union has made an application for approval of an enterprise agreement known as the RTC Masonry Pty Ltd and Little Mighty Concrete Pump Pty Ltd and CFMEU ACT Bricklaying Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 October 2023 and the Agreement was made on 20 November 2023. Accordingly, both the genuine agreement requirements and the better off overall test requirements are those applying from 6 June 2023.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

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, Mining and Energy Union (CFMEU) 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 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 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the RTC Masonry Pty Ltd and Little Mighty Concrete Pump Pty Ltd and CFMEU ACT Bricklaying Agreement 2023. The agreement was a new enterprise agreement intended to cover employees working in the masonry and concrete pumping sectors in the Australian Capital Territory. The court's role was to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court involved assessing whether the agreement was made in good faith, whether it contained the necessary minimum entitlements, and whether it had been properly certified as a simple, streamlined, or low-paid enterprise agreement. The court had to consider the bargaining process, the content of the agreement, and whether the agreement complied with relevant sections of the Fair Work Act and the Fair Work Regulations.

The court found that the agreement had been made in good faith, contained the necessary minimum entitlements, and was properly certified as a simple enterprise agreement. The CFMEU provided evidence of a robust bargaining process and the agreement's compliance with the minimum standards prescribed by the Fair Work Act. The court was satisfied that the agreement had been negotiated fairly and met the statutory requirements for approval. As a result, the court granted the application for approval of the agreement.

The court's final orders included the approval of the RTC Masonry Pty Ltd and Little Mighty Concrete Pump Pty Ltd and CFMEU ACT Bricklaying Agreement 2023, effective from the date of the court's decision. This approval allows the agreement to be registered with the Fair Work Commission, thereby becoming a legally binding enterprise agreement between the employer and the employees covered by the agreement.

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