Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3597)

ICP GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 OCTOBER 2024

Application for approval of the ICP Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of a greenfields agreement known as the ICP Group Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made by the 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 11 September 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 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 Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 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 Construction, Forestry and Maritime Employees Union filed an application seeking approval for the ICP Group Pty Ltd / CFMEU Collective Agreement 2024-2027 with the Fair Work Commission. The primary focus of the dispute was the approval of this collective agreement, which governs the terms and conditions of employment between ICP Group Pty Ltd and its employees represented by the Union. The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and overseeing the application of the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the agreement complied with the relevant provisions of the Fair Work Act and whether it met the criteria for being a "protected action" under the Act. Specifically, the Commission examined if the agreement contained all the mandated terms and conditions, if it provided for fair and reasonable terms, and if it adhered to the procedural requirements for collective agreements. The Union argued that the agreement was comprehensive and fair, while the employer contended that certain provisions were unreasonable.

The Fair Work Commission determined that the agreement substantially complied with the Fair Work Act. The Commission found that while there were some minor procedural irregularities, these did not significantly affect the overall fairness and reasonableness of the agreement. The Commission emphasised that the terms of the agreement were fair, taking into account the economic and social context of the industry, and that it provided for adequate protections for the employees. Consequently, the Commission approved the agreement as a protected action under the Fair Work Act.

The Fair Work Commission granted approval for the ICP Group Pty Ltd / CFMEU Collective Agreement 2024-2027, recognising it as a protected action. The decision was based on the finding that the agreement was fair, reasonable, and largely compliant with the statutory requirements, despite minor procedural issues. The Commission's approval ensures that the agreement will govern the employment terms between ICP Group Pty Ltd and its employees for 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