Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3761)

COMPLETE CRANE SOLUTIONS PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

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

Application for approval of the Complete Crane Solutions Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Complete Crane Solutions 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

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union filed an application in the Fair Work Commission, seeking approval of the Complete Crane Solutions Perdaman Ceres Project Greenfields Agreement 2024. The agreement in question concerns the employment conditions for workers involved in the construction of the Perdaman Ceres Project at Greenfields. The union argued that the agreement was fair and appropriate for the workforce and met the legal requirements for an enterprise agreement.

The legal issues before the Commission involved determining whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it complied with the Fair Work Act 2009. The Commission had to examine the process by which the agreement was made, the content of the agreement, and its compliance with the statutory requirements. The union contended that the agreement was fairly negotiated and reflected the needs of the employees, while Complete Crane Solutions argued that certain provisions of the agreement were not compliant with the statutory requirements.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement that had been made in good faith and was compliant with the Fair Work Act 2009. The Commission noted that the agreement had been negotiated between the union and the employer, and that it addressed the key terms and conditions of employment. While some concerns were raised about specific provisions, the Commission concluded that these did not render the agreement invalid. The Commission approved the Complete Crane Solutions Perdaman Ceres Project Greenfields Agreement 2024, thereby allowing it to come into effect.

The Commission's decision was based on the evidence presented by both parties and the statutory requirements under the Fair Work Act 2009. The Commission found that the agreement met the necessary criteria for approval and was in the best interests of the workforce. The approval of the agreement ensures that the workers involved in the Perdaman Ceres Project at Greenfields will have a legally binding set of employment conditions.

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