Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 66

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2023/5294)

ASPIRE FACADES GROUP QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JANUARY 2024

Application for approval of the Aspire Facades Group QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Aspire Facades Group 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 14 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 15 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 the recent decision of Construction, Forestry and Maritime Employees Union, the court was presented with an application for the approval of a collective agreement between Aspire Facades Group QLD Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU). The application was brought pursuant to the Fair Work Act 2009, seeking the court's validation of the terms outlined in the proposed collective agreement. The CFMEU, representing employees in the construction industry, and Aspire Facades Group, a company operating within that sector, had negotiated a series of terms and conditions that would govern employment during the period from 2023 to 2027. The court was tasked with ensuring that the proposed agreement met the statutory requirements of the Fair Work Act, particularly in terms of procedural fairness and substantive fairness.

The primary legal issues before the court included whether the agreement had been made in accordance with the procedural fairness requirements set out in the Fair Work Act, and whether the terms of the agreement were substantively fair. The court needed to consider whether the union had adequately represented its members during the negotiation process, and whether the terms of the agreement were reasonable and equitable. Additionally, the court had to examine whether the agreement contained any provisions that were contrary to public policy or that might otherwise be unlawful. The court's role was to ensure that the agreement was not only procedurally sound but also substantively fair, providing a balance between the interests of the employer and the employees.

In delivering the judgment, the court found that the Aspire Facades Group QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 met all necessary legal standards. The court confirmed that the union had acted in good faith and had adequately represented the interests of its members throughout the negotiation process. The terms of the agreement were deemed to be reasonable and equitable, with no provisions found to be contrary to public policy. The court acknowledged the balance achieved between the interests of the employer and the employees, and concluded that the agreement was in the best interests of all parties involved. Consequently, the court granted the application for approval of the collective agreement, paving the way for its implementation.

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