Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/135)

UPLIFT CRANES QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 FEBRUARY 2024

Application for approval of the Uplift Cranes QLD PTY LTD and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Uplift Cranes 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 8 December 2023 and the Agreement was made on 17 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 13 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 matter involved an application by the Construction, Forestry and Maritime Employees Union for the approval of a collective agreement between the union and Uplift Cranes QLD PTY LTD for the period 2023-2027. The primary legal issue before the court was whether the terms and conditions set forth in the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it adhered to the requirements for enterprise agreements as stipulated under the Act.

In considering these issues, the court examined the negotiation process, the content of the agreement, and the compliance with statutory obligations. It was crucial to ensure that the agreement was not only procedurally sound but also substantively fair, particularly in relation to the rights and obligations of the parties involved. The court looked into whether the agreement provided adequate protections for employees, including provisions for wages, conditions of employment, and dispute resolution mechanisms. The union argued that the agreement was the result of genuine negotiations and fully complied with the legal standards, while the employer raised concerns about certain clauses that it believed could lead to operational inefficiencies.

After reviewing the evidence and arguments presented by both parties, the court found that the agreement was indeed negotiated in good faith and met the statutory requirements. The court was satisfied that the terms of the agreement were fair and reasonable, providing necessary protections for the employees while also accommodating the operational needs of the employer. Consequently, the court approved the collective agreement for the specified period. The final orders confirmed the approval of the agreement and directed both parties to comply with its terms and conditions.

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