Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 86

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2023/5356)

ATF ACTION FORMWORK (QLD) TRUST T/AS ACTION FORMWORK (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JANUARY 2024

Application for approval of the ATF Action Formwork (QLD) Trust T/As Action Formwork (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the ATF Action Formwork (QLD) Trust T/As Action Formwork (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 22 November 2023 and the Agreement was made on 15 December 2023. 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 16 January 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

In this case, the Construction, Forestry and Maritime Employees Union, acting on behalf of its members, applied to the Fair Work Commission for the approval of a union collective agreement with Action Formwork (QLD) Pty Ltd. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which was to cover the period from 2023 to 2027. The matter was heard by the Fair Work Commission, which is responsible for regulating and approving such agreements under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the proposed agreement met the statutory requirements for approval, including compliance with the "better off overall test" and ensuring that it did not undermine the integrity of the safety net of minimum terms and conditions. The Commission also needed to consider whether the agreement contained any provisions that were contrary to the public interest.

The Fair Work Commission examined the proposed agreement thoroughly, considering the economic benefits and detriments to the employees, as well as the overall impact on the workforce. The Commission concluded that the agreement was in line with the legislative requirements, meeting the better off overall test and not undermining the safety net of minimum terms and conditions. Additionally, the Commission determined that there were no provisions in the agreement that would be contrary to the public interest. Consequently, the Commission approved the agreement, thereby allowing the union and the employer to proceed with the terms as outlined.

The final orders of the Fair Work Commission were that the Application for approval of the ATF Action Formwork (QLD) Trust T/As Action Formwork (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027 be approved, effective from the date of the decision. The approved agreement will now govern the employment terms and conditions for the relevant employees during the specified period.

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