Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4751)

OCC WA PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 DECEMBER 2024

Application for approval of the OCC WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the OCC WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry and Maritime Employees Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are 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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 26(6)(a) – Personal Leave
· Clause 27(4) – Public Holidays

However, noting clause 4(1) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 9 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the OCC WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This agreement was intended to govern employment conditions for workers at the Perdaman Ceres Project in Greenfields. The dispute arose as the CFMEU sought to have the agreement recognised as a registered workplace agreement, ensuring it would have legal effect under the Fair Work Act.

The central legal issues the Commission had to address included whether the agreement had been made in accordance with the statutory requirements set out in the Fair Work Act, and whether it met the criteria for registration as a lawful and valid workplace agreement. The Commission also considered whether the agreement contained terms that were fair and reasonable, taking into account the interests of both the employees and the employer.

After careful consideration of the application, the Commission found that the agreement had been made in accordance with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith, and that the terms were fair and reasonable. The Commission noted that the agreement contained provisions that were beneficial to both parties, including clear terms regarding wages, hours of work, and other employment conditions. The Commission also found that the agreement was consistent with the broader principles of the Fair Work Act, and would not undermine the system of industrial relations established by the Act.

Accordingly, the Commission approved the OCC WA Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, registering it as a workplace agreement under the Fair Work Act. The agreement will now have legal effect and will govern the employment conditions of workers at the Perdaman Ceres Project in Greenfields.

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