Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3715)

AUSTRAL SF PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	BRISBANE, 29 OCTOBER 2024

Application for approval of the Austral SF Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Austral SF Pty Ltd / CFMEU Collective 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 12 August 2024 and the Agreement was made on 4 September 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.

Correspondence was sent to the Employer and Construction, Forestry and Maritime Employees Union on 10 October 2024 raising some concerns including that it appeared employees were not notified of the method of the vote. The Construction, Forestry and Maritime Employees Union responded on 14 October 2024 and provided that while employees were not notified of the method of the vote, the employees were represented throughout the bargaining by an experienced bargaining representative in the Construction, Forestry and Maritime Employees Union and had been involved in voting for an enterprise agreement previously using the same show of hands method. The response also provided that there was no disadvantage to the employees by not being informed of the method of the vote, noting that the time and place of the vote were clearly communicated to the employees. A revised Form F17B signed by the Employer was also provided. Having regard to the Statement of Principles on Genuine Agreement and in particular clause 16, I am satisfied in the circumstances that employees were provided with a reasonable opportunity to vote on the Agreement in a free and informed manner and the Agreement was genuinely agreed.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of a collective agreement between the CFMEU and Austral SF Pty Ltd, covering the period from 2024 to 2027. The matter was heard in the Fair Work Commission. The application was necessitated by the need for the agreement to be formally endorsed under the Fair Work Act to ensure its enforceability and to provide a clear framework for the employment conditions of the workers.

The primary legal issue the Commission needed to address was whether the proposed agreement met the necessary standards for approval under the Fair Work Act. This involved assessing whether the agreement provided minimum wages and conditions of employment, and whether it was free from any provisions that would undermine the provisions of the Act. The Commission also had to consider if the agreement contained any unfair terms and whether the process for its negotiation and conclusion was in compliance with the Act.

The Commission carefully reviewed the contents of the agreement, focusing on its adherence to the minimum standards stipulated by the Fair Work Act. It found that the agreement did not include any unfair terms and that the process for its negotiation was fair and in line with the legislative requirements. Given these findings, the Commission approved the collective agreement, confirming its compliance with the statutory requirements. Consequently, the agreement was endorsed, establishing a legally binding framework for the employment conditions of the workers covered by the agreement.

Construction, Forestry and Maritime Employees Union

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