Construction, Forestry and Maritime Employees Union Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Menzel Glass Pty Ltd and CFMEU Manufacturing Enterprise Agreement 2024. The Construction, Forestry and Maritime Employees' Union sought the court's approval of the agreement, which was proposed between Menzel Glass Pty Ltd and the union. The dispute centred on whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement complied with the statutory provisions of the Fair Work Act, including the provisions related to employee representation, dispute resolution, and the avoidance of unfair treatment. The court also had to determine if the agreement was genuinely negotiated and if it provided for a fair and reasonable outcome for the employees.

In delivering the judgment, the court examined the evidence provided by both parties and considered the terms of the proposed agreement. The court found that the agreement satisfied the legal requirements for approval, including the genuine negotiation and the fair and reasonable outcomes for the employees. The court highlighted the provisions for dispute resolution and employee representation as key factors in its decision. The court also noted that the agreement provided for a balanced approach to the interests of both the employer and the employees. As a result, the court approved the Menzel Glass Pty Ltd and CFMEU Manufacturing Enterprise Agreement 2024.

The final orders of the court included the approval of the agreement, which was to be registered with the Fair Work Commission. The court also directed that the agreement would be binding on all employees and employers covered by its terms, effective from the date of approval.

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