Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5071)

SUBZERO QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Miscellaneous
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Subzero Qld Pty Ltd and CFMEU Union Collective Agreement 2023–2027

Construction, Forestry and Maritime Employees Union has made an application for approval of an enterprise agreement known as the Subzero Qld Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 23 December 2024.

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 for the Subzero Queensland Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The dispute centred on whether the proposed terms and conditions within the collective agreement were fair and reasonable, considering the requirements of the Fair Work Act 2009. The parties were represented by counsel, who argued various points regarding the interpretation and application of the relevant statutory provisions.

The central legal issues involved whether the agreement met the criteria set out in the Fair Work Act for approval, including provisions on minimum wage rates, penalty rates, leave entitlements, and other employment conditions. The Commission had to determine if the terms of the agreement were consistent with the overarching principles of the Act, particularly in relation to ensuring fairness and equity in the workplace. Additionally, the court examined whether the agreement appropriately balanced the interests of both employers and employees, and if it adhered to the procedural fairness required by the Commission.

The Fair Work Commission, after considering the arguments and evidence presented, found that the Subzero Queensland Pty Ltd and CFMEU Union Collective Agreement 2023-2027 complied with the requirements of the Fair Work Act. The Commission held that the agreement was fair and reasonable, as it appropriately balanced the interests of both parties, provided adequate protections and entitlements, and adhered to the statutory criteria. Consequently, the Commission approved the collective agreement, ensuring it would be binding on the 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