Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4604)

L&D COMMERCIAL INTERIORS PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 24 DECEMBER 2024

Application for approval of the L&D Commercial Interiors Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 - Approved

An application has been made for approval of an enterprise agreement known as the L&D Commercial Interiors Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 24 December 2024 and, in accordance with s.54, will operate from 31 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between L&D Commercial Interiors Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA). The application was brought before the Fair Work Commission. The primary dispute centred on whether the terms and conditions of the proposed collective agreement were fair and reasonable, taking into account the principles of enterprise bargaining and the broader economic context.

The court was tasked with determining if the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the requirements for good faith bargaining and the avoidance of unprotected industrial action. Key issues included whether the agreement provided for fair and reasonable terms and conditions for employees, whether it was in line with the enterprise bargaining provisions of the Act, and if the agreement met the standards for approval under the statutory framework.

The Fair Work Commission assessed the agreement based on its contents, the bargaining process, and the broader economic context. The Commission found that the agreement was fair and reasonable, and it met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees and was achieved through good faith bargaining. The Commission also considered the economic context and the interests of the employees and employers in reaching its decision.

The application was approved, and the collective agreement between L&D Commercial Interiors Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) for the period 2024-2027 was formally approved.

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