Construction, Forestry and Maritime Employees Union

[2024] FWCA 4154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4109)

ROGUE FACADES PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 27 NOVEMBER 2024

Application for approval of the Rogue Facades Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027.

An application has been made for approval of a greenfields agreement known as the Rogue Facades Pty Ltd and CFMEU (WA) Collective Agreement 2024-202 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (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, 187, 193 and 193A 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 27 November 2024 and, in accordance with s.54 of the Act, will operate from 4 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, acting on behalf of its members, applied to the Fair Work Commission for approval of the Rogue Facades Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027. The applicant union argued that the agreement was made in good faith and that it was in the best interests of the employees. Rogue Facades Pty Ltd, the employer, did not contest the agreement but raised concerns about certain provisions that could impact its business operations. The Fair Work Commission was required to assess whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission were whether the agreement complied with the relevant sections of the Fair Work Act and if it was made in good faith. The Commission considered whether the agreement met the criteria for approval, including provisions on minimum wages, penalty rates, and other employment conditions. The Commission also examined if there was evidence of coercion or undue influence in the negotiation and execution of the agreement. Furthermore, the Commission had to determine if the agreement would benefit the employees in terms of their wages, conditions, and overall welfare.

The Fair Work Commission found that the agreement was made in good faith and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate wage increases and improved working conditions. The employer's concerns about certain provisions were addressed, and the Commission was satisfied that the agreement was in the best interests of the employees. The Commission approved the agreement, highlighting the importance of collective bargaining in achieving fair outcomes for employees.

The final orders of the Commission were that the Rogue Facades Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 be approved and registered with the Fair Work Commission. The agreement would now be in effect for the specified period, providing a framework for the employment conditions of the employees covered by the agreement. The Commission's decision underscored the importance of collective bargaining in achieving fair and reasonable outcomes for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established