| [2025] FWCA 908 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/580)
HANDY HANS PRECAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 14 MARCH 2025 |
Application for approval of the Handy Hans Precast Pty Ltd and CFMEU Union Collective Agreement 2023–2027
An application has been made for approval of an enterprise agreement known as the Handy Hans Precast Pty Ltd and CFMU 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.
[2] 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 21 June 2024 and the Agreement was made on 28 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
[3] 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.
[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528342 PR785197>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 908
- Case
- [2025] FWCA 908
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, particularly the requirements for good faith bargaining and the avoidance of protected action. The Commission needed to determine if the agreement was made in good faith, and if it met the necessary standards for being a bona fide agreement. Additionally, the Commission examined whether the agreement addressed the needs and interests of the employees fairly and did not unfairly disadvantage the employer.
The Fair Work Commission found that the agreement had been made in good faith and was a bona fide agreement, meeting the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the bargaining process was conducted appropriately, and that the agreement provided fair and reasonable terms and conditions for the employees. The Commission concluded that the proposed agreement did not unfairly disadvantage the employer and was in the best interests of the employees. Consequently, the Commission approved the Handy Hans Precast Pty Ltd and CFMEU Union Collective Agreement 2023–2027.
The Fair Work Commission approved the Handy Hans Precast Pty Ltd and CFMEU Union Collective Agreement 2023–2027, effective from the date of the Commission's decision. The agreement, as approved, will govern the employment terms and conditions of the employees of Handy Hans Precast Pty Ltd for the duration of the agreement.
Orders
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Background
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