Construction, Forestry and Maritime Employees Union
[2025] FWCA 387
•3 FEBRUARY 2025
| [2025] FWCA 387 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/5028)
MENZEL GLASS PTY LTD AND CFMEU MANUFACTURING ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 3 FEBRUARY 2025 |
Application for approval of the Menzel Glass Pty Ltd and CFMEU Manufacturing Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Menzel Glass Pty Ltd and CFMEU Manufacturing Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union (the Applicant). 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 11 July 2023 and the Agreement was made on 16 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (CFMEU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
The Applicant advised that after lodging the documents for approval, an error had been identified in clause 15.1. I accepted that this was a genuine error and have corrected the clause pursuant to s.586 of the Act and the correct version appears in the approved Agreement.
There was also a small anomaly identified in the NERR but I accept that it was a minor technical error and pursuant to s.188(5) of the Act have chosen to pay it no regard.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The CFMEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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