Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4620)

SPANOS AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 DECEMBER 2024

Application for approval of the Spanos Australia Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Spanos Australia 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 10 October 2024 and the Agreement was made on 8 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 23 December 2024. 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 matter before the court was an application for approval of a collective agreement between Spanos Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2024-2027. The primary issue before the court was whether the collective agreement met the legal standards required for approval under relevant industrial laws. This included examining if the agreement was made in good faith, if it contained provisions that were contrary to public policy, and whether it was in the best interests of the employees and the employer.

The court considered the nature of the collective bargaining process and the obligations of both parties under the Fair Work Act 2009. It assessed the contents of the agreement against these legal frameworks, focusing on whether the terms were fair and reasonable. The court also evaluated the bargaining conduct of the parties, ensuring that the agreement was not the result of any form of coercion or undue influence. The approval process required a careful balance of the rights of the employer to manage their business with the rights of employees to fair terms of employment.

After thorough examination, the court found that the collective agreement was fair and in compliance with the statutory requirements. The terms were deemed to be reasonable and not contrary to public policy. The court was satisfied that the agreement was made in good faith and represented the best interests of both parties. Consequently, the court approved the collective agreement for the specified period. The final order granted approval, allowing the agreement to come into effect as per the terms outlined.

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