Construction, Forestry and Maritime Employees Union

[2024] FWCA 3789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3595)

AWADFORM 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 Awadform Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of a greenfields agreement known as the Awadform 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 matter before the court involved the Construction, Forestry and Maritime Employees Union and Awadform Pty Ltd, where the dispute was centred on the application for the approval of the Collective Agreement between the two parties for the years 2024 to 2027. The application was heard by the Fair Work Commission, a body established under the Fair Work Act 2009. The key issues before the court were whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees and the employer.

The court examined the agreement to determine if it met the necessary conditions for approval under the Fair Work Act. This involved assessing whether the agreement covered essential matters such as wages, allowances, loadings, and other terms and conditions of employment. Additionally, the court considered whether the agreement provided for a fair and efficient process for resolving disputes and whether it adhered to the principles of good faith bargaining. The court also evaluated the balance of the agreement to ensure it was not overly favourable to one party at the expense of the other.

Upon review, the court found that the agreement was comprehensive and met all statutory requirements. The agreement was deemed to be in the best interests of both the employees and the employer, as it provided fair terms and conditions of employment while also ensuring that the employer could operate efficiently. The court was satisfied that the agreement adhered to the principles of good faith bargaining and provided a fair process for resolving disputes. Consequently, the court approved the agreement, acknowledging its compliance with the relevant provisions of the Fair Work Act.

The court ordered that the Collective Agreement between Awadform Pty Ltd and the Construction, Forestry and Maritime Employees Union for the years 2024 to 2027 be approved. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the parties during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established