Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4152)

ATACIA PTY LTD/ CFMEU AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2024

Application for approval of the Atacia Pty Ltd/ CFMEU Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Atacia Pty Ltd/ CFMEU 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 21 August 2024 and the Agreement was made on 9 October 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 20 November 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 Fair Work Commission involved an application for the approval of an enterprise agreement between Atacia Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU). The primary dispute centred around the terms and conditions of the proposed agreement, which aimed to regulate the employment relationship between the employer and the union over the specified period. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included assessing whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and whether it complied with the procedural requirements of the Act. Furthermore, the Commission needed to consider the fairness of the agreement, including its impact on the employees' working conditions and the balance of bargaining power between the parties.

In delivering its decision, the Commission noted that the application for approval was made in accordance with the statutory requirements. The agreement was found to have been made in good faith, as evidenced by the extensive negotiations between the parties. The Commission also determined that the agreement contained all the minimum terms prescribed by the Fair Work Act and met the procedural requirements. Importantly, the Commission concluded that the agreement was fair and reasonable, taking into account the interests of the employees, the employer, and the broader community. Therefore, the Commission approved the agreement, which will now be in effect from the specified period.

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