Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3757)

AVOPILING MANAGEMENT (WA) PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 OCTOBER 2024

Application for approval of the Avopiling Management (WA) Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

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

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 Agreement was made on 7 October 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

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, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2024. The nominal expiry date of the Agreement is 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union for the approval of the Avopiling Management (WA) Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This agreement related to employment terms and conditions for workers engaged in the Perdaman Ceres Project, a significant development in the Western Australian region. The union sought the court's approval to formalise the agreement, which was intended to govern the rights and obligations of both the employer and the employees.

The court was tasked with determining whether the agreement met the necessary legal standards for approval under the relevant industrial relations legislation. Key issues included whether the agreement was genuinely made by the parties in accordance with the law, whether it provided for fair and equitable terms, and whether it complied with statutory requirements. The court also had to consider whether the agreement was in the best interests of the employees and whether it adhered to the provisions of the applicable industrial instruments.

The court, after reviewing the evidence and submissions, found that the agreement was indeed made genuinely and in compliance with the relevant laws. It was determined that the agreement provided for fair and equitable terms, was in the best interests of the employees, and met all statutory requirements. Consequently, the court approved the agreement, confirming its validity and enforceability. This decision ensured that the Perdaman Ceres Project could proceed with a clear framework for industrial relations, benefiting both the employer and the employees involved.

Construction, Forestry and Maritime Employees Union

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