Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4642)

LIFESTYLE COMMERCIAL FLOORCOVERINGS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Lifestyle Commercial Floorcoverings Pty Ltd CFMEU Union Collective Agreement 2023 - 2027 - Approved

An application has been made for approval of a greenfields agreement known as the Lifestyle Commercial Floorcoverings Pty Ltd CFMEU Union Collective Agreement 2023 – 2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (the CFMEU) pursuant to s.185 of the Fair Work Act 2009 (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 have 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Agreement was approved on 23 December 2024 and, in accordance with s.54, will operate from 30 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 Construction, Forestry and Maritime Employees Union sought approval of a collective agreement entered into with Lifestyle Commercial Floorcoverings Pty Ltd for the period 2023 to 2027. The application was brought before the Fair Work Commission, which was tasked with determining whether the terms of the agreement were consistent with the Fair Work Act 2009. The central issue was whether the agreement adhered to the legislative requirements concerning minimum entitlements and whether it was made in good faith and without coercion. The Fair Work Commission examined the provisions of the agreement, focusing on whether it provided terms and conditions that were no less favourable than the applicable minimum standards. The Commission also assessed whether the agreement was entered into in a manner that complied with the principles of good faith bargaining and freedom from coercion.

In delivering its decision, the Commission found that the collective agreement met the legislative requirements and was approved. The Commission concluded that the agreement did not contain any terms that were less favourable than the minimum entitlements prescribed by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was made in good faith and without coercion, as evidenced by the process of negotiation and the content of the agreement itself. The Commission noted the absence of any evidence suggesting improper conduct or undue influence during the bargaining process. Consequently, the Fair Work Commission approved the collective agreement as it was compliant with the statutory provisions and adhered to the principles of fair and ethical bargaining practices.

The Fair Work Commission's approval of the agreement ensures that the terms and conditions set out in the Lifestyle Commercial Floorcoverings Pty Ltd CFMEU Union Collective Agreement 2023-2027 are legally binding on the parties. This decision provides clarity and certainty for both the union and the employer, allowing them to operate within the agreed terms while ensuring compliance with the Fair Work Act. The Commission's approval confirms that the agreement was negotiated in a fair and transparent manner, thereby upholding the integrity of the industrial relations system.

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