Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/123)

FROTH BUILD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2024

Application for approval of the Froth Build Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Froth Build 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 30 November 2023 and the Agreement was made on 12 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 12 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

The matter before the Court involved an application by the Construction, Forestry and Maritime Employees Union for the approval of the Froth Build Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval under the relevant industrial legislation. The Court was tasked with examining the agreement to determine if it complied with the necessary standards for collective bargaining and if it adhered to the principles of good faith and fairness in its terms.

The legal issues before the Court included whether the collective agreement was consistent with the Fair Work Act 2009, whether it met the criteria for being a "modern award" as defined by the legislation, and whether the agreement appropriately balanced the rights and obligations of both employers and employees. Additionally, the Court considered if the agreement adequately addressed the interests of employees and whether it was likely to promote harmonious workplace relations.

The Court found that the proposed collective agreement was in compliance with the statutory requirements and met the necessary criteria for approval. It noted that the agreement was consistent with the principles of good faith and fair dealing and provided a fair and reasonable balance of rights and obligations for both parties. The Court was satisfied that the agreement would likely promote harmonious workplace relations and adequately addressed the interests of the employees. Consequently, the Court approved the Froth Build Pty Ltd and CFMEU Union Collective Agreement 2023–2027, endorsing its terms and provisions.

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