Construction, Forestry and Maritime Employees Union

[2025] FWCA 5

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4810)

WINDTECH FACADE SOLUTIONS 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 Windtech Facade Solutions Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Windtech Facade Solutions 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 28 October 2024 and the Agreement was made on 21 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of a collective agreement with Windtech Facade Solutions Pty Ltd, covering the period 2024 to 2027. The application was made under the Fair Work Act 2009, which mandates that such agreements must be approved if they comply with specific provisions and are not unfair. The primary dispute revolved around whether the agreement met the statutory requirements and did not contain any terms that would be deemed unfair under the Act.

The court had to determine whether the collective agreement adhered to the criteria set out in the Fair Work Act, particularly focusing on whether the agreement provided for a fair balance of rights and obligations between the employer and employees, and did not contain terms that were contrary to public policy or were otherwise unfair. The Union argued that the agreement was fair and balanced, while the employer contended that certain clauses imposed undue restrictions on their business operations.

In delivering its decision, the Fair Work Commission examined the terms of the agreement in detail, assessing whether they complied with the statutory framework and whether they were fair and reasonable. The Commission found that the agreement satisfied the requirements of the Act, as it provided for a balanced distribution of rights and obligations and did not contain any terms that were unfair. The Commission concluded that the agreement was fair and approved it, allowing it to come into effect as of the specified date. The employer and the Union were directed to comply with the terms of the approved agreement.

The Fair Work Commission ordered that the Windtech Facade Solutions Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved and come into effect on the date specified in the application. The employer and the Union were directed to take all necessary steps to ensure compliance with the terms of the agreement. The decision was binding on both parties and could not be challenged further in the Commission, except in limited circumstances prescribed by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established