Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 14

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4966)

MONOSPRAY AUSTRALIA (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JANUARY 2025

Application for approval of the Monospray Australia (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Monospray Australia (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027 (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 30 October 2024 and the Agreement was made on 29 November 2024. 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 9 January 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of the Monospray Australia (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027. Monospray Australia (NSW) Pty Ltd, a small business engaged in spraying and protective coating of surfaces, is a party to the agreement. The CFMEU represents the employees of Monospray Australia (NSW) Pty Ltd, and the agreement is intended to govern their employment terms and conditions for the period 2024 to 2027. The Commission was required to determine whether the agreement complied with the relevant legislative provisions and met the requirements for approval.

The primary legal issues the Commission needed to address were whether the agreement contained any provisions that contravened the Fair Work Act 2009, particularly concerning the terms and conditions of employment, and whether the agreement was made in good faith and without any undue influence or coercion. The Commission also needed to consider whether the agreement provided for a fair and reasonable balance of rights and obligations between the parties and adequately protected the interests of the employees.

In assessing the agreement, the Commission examined each clause in the context of the legislative requirements and the principles of good faith bargaining. The Commission found that the agreement met the criteria for approval as it contained provisions that were fair and reasonable, and did not contravene any provisions of the Fair Work Act. The agreement was deemed to be made in good faith, without undue influence or coercion, and provided for a fair balance of rights and obligations between the parties. The Commission was satisfied that the agreement adequately protected the interests of the employees and complied with the requirements for approval.

The Commission approved the Monospray Australia (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027, recognising it as a lawful and appropriate agreement for the employment of workers under the specified period. This decision provides clarity and certainty for both the employer and the employees, ensuring that the terms and conditions of their employment are governed by an agreement that meets the statutory requirements and is in the best interests of all parties involved.

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