Construction, Forestry and Maritime Employees Union

[2024] FWCA 65

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2023/5296)

LINEA CABINETS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 JANUARY 2024

Application for approval of the Linea Cabinets Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Linea Cabinets 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.

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 15 January 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Linea Cabinets Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of their collective agreement for the period 2023-2027. The application was brought under the Fair Work Act 2009, seeking to have the proposed agreement recognised as a registered agreement, thereby providing a legally enforceable framework for the employment conditions between the company and its employees. The dispute centred on whether the agreement met the statutory requirements for registration, including the need for it to provide for fair and reasonable terms and conditions, and whether it adequately covered the necessary matters to warrant registration.

The court was tasked with determining if the collective agreement contained provisions that were fair and reasonable, taking into account the general principles of fairness and the broader economic context. It also needed to ascertain whether the agreement was made in good faith and was free from any improper conduct, as well as whether the agreement was sufficiently comprehensive to cover all necessary matters. Additionally, the court considered whether the agreement provided adequate protections for employees and if it complied with the various obligations under the Fair Work Act.

The court found that the collective agreement proposed by Linea Cabinets Pty Ltd and the CFMEU met the criteria for registration under the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions that were not overly harsh or one-sided. It was concluded that the agreement had been made in good faith and was free from any improper conduct. Furthermore, the court was satisfied that the agreement was comprehensive, covering all the necessary matters as required by the legislation. The agreement was therefore approved and registered under the Act, providing a legally binding framework for the employment terms of the employees.

The final orders of the court included the approval and registration of the Linea Cabinets Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The agreement was recognised as a registered agreement, effective from the date of the court's decision, ensuring that it would provide a legally enforceable basis for the employment terms and conditions between the company and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established