Construction, Forestry and Maritime Employees Union

[2024] FWCA 4333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4098)

WESTPOINT FORMWORK (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Westpoint Formwork (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Westpoint Formwork (Aust) 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). 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 6 December 2024 and, in accordance with s.54 of the Act, will operate from 13 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 Construction, Forestry and Maritime Employees Union sought approval for a collective agreement between Westpoint Formwork (Aust) Pty Ltd and the union for the period 2024-2027. The application was made before the Federal Circuit and Family Court of Australia, highlighting the importance of the agreement in maintaining industrial harmony within the sector. The legal issues central to the application revolved around whether the proposed agreement adhered to the relevant legislative requirements under the Fair Work Act 2009, ensuring it was not contrary to public interest and was fair and reasonable in its terms.

The court meticulously examined the terms of the collective agreement, assessing whether they complied with the statutory standards for enterprise agreements. The court focused on the procedural fairness, the absence of any provisions that were contrary to public interest, and the reasonableness of the agreement's terms. It took into account the balance of rights and obligations between the employer and the employees, the fairness of the terms to both parties, and whether the agreement promoted harmonious, productive, and cooperative workplace relations. The court also considered the need for the agreement to be sufficiently detailed and specific to avoid future disputes.

Upon careful review, the court found that the proposed collective agreement met all the necessary legislative criteria. The terms of the agreement were deemed fair and reasonable, and no provisions were identified that were contrary to the public interest. The agreement was found to promote harmonious, productive, and cooperative workplace relations, thereby warranting approval. The court granted the application for approval of the collective agreement, ensuring its implementation for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established