Construction, Forestry and Maritime Employees Union

[2024] FWCA 4175

[2024] FWCA 4175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4495)

WINFIX FACADES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 29 NOVEMBER 2024

Application for approval of the Winfix Facades Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Winfix Facades Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 November 2024.

1. On 22 November 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

1. On 26 November 2024, the Applicant provided written submissions to resolve the pre-approval concerns identified. The submissions are relevantly summarised below:

·  Notification time:

On 24 May 2024, the Applicant provided the employer with a bargaining letter along with a copy of the Notice of Employee Representational Rights (NERR) for distribution. On 21 June 2024, an updated request to bargain was provided to the employer (with the correct company address). The NERR was provided to employees on 3 July 2024. A copy of the emails were provided.

·  Method of vote:

The vote was conducted by a show of hands by CFMEU organisers (Anthony Sloane and Justin Hobson) in person. The outcome of the vote was recorded on an attendance sheet and emailed to the employer on 5 November 2024. The attendance sheet identified the employees who cast a vote, demographics, and that ‘33’ voted for approval of the Agreement.

·  Agreement explanation:

On 11 October 2024, the employer emailed the employees a copy of the explanation documents. The email was provided. The documents compares the proposed Agreement with the current agreement and identifies all the new provisions and how they differ from the old agreement. On 5 November 2024, CFMEU organisers (Anthony Sloane and Justin Hobson) held a meeting to the explain the document along with Incolink who explained the new redundancy and income protection provisions and how the new policies apply compared to the previous policy.

1. In respect of notification time I accept this was 21 June 2024.  In respect of the pre-reform version of the NERR was provided to employees. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

1. 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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