Construction, Forestry and Maritime Employees Union

[2024] FWCA 3744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2687)

TORRISI STEEL FIXING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 29 OCTOBER 2024

Application for approval of the Torrisi Steel Fixing Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Torrisi Steel Fixing Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 14 May 2024 and the Agreement was made on 4 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

The CFMEU 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.

The Agreement was approved on 29 October 2024 and, in accordance with s.54, will operate from 5 November 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union lodged an application for the approval of a collective agreement with Torrisi Steel Fixing Pty Ltd for the period 2023-2027. The agreement contained terms regarding pay rates, conditions of employment, and dispute resolution mechanisms. The company contested the application, raising concerns about certain provisions in the agreement that they believed were unreasonable and contrary to the principles of the Fair Work Act.

The legal issues the court had to address were whether the provisions in the collective agreement were consistent with the provisions of the Fair Work Act, particularly in relation to the requirements for good faith bargaining and the protection of employees' rights. The court also had to consider whether the terms of the agreement were reasonable and not contrary to public policy or the principles of the Fair Work Act.

The court found that the collective agreement was consistent with the requirements of the Fair Work Act and was the product of genuine and good faith bargaining. The court also found that the terms of the agreement were reasonable and did not contravene any public policy or principles of the Fair Work Act. The court approved the collective agreement and noted that the agreement contained provisions for the protection of employees' rights and interests, including provisions for pay rates, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission approved the collective agreement between the Construction, Forestry and Maritime Employees Union and Torrisi Steel Fixing Pty Ltd for the period 2023-2027. The court found that the agreement was the product of genuine and good faith bargaining and contained provisions that were reasonable and in line with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established