Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3880)

ASPIRE FACADES GROUP NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-202

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 24 OCTOBER 2024

Application for approval of the Aspire Facades Group NSW Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Aspire Facades Group NSW 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) 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 22 August 2024 and the Agreement was made on 19 September 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 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.

While the Agreement states it ‘shall apply from the date of lodgement’, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 24 October 2024 and, in accordance with s.54 of the Act, will operate from 31 October 2024. The nominal expiry date of the Agreement is 4 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

The case involves an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement with Aspire Facades Group NSW Pty Ltd, covering the period from 2024 to 2027. The matter was heard in the Fair Work Commission, where the CFMEU sought to have the proposed agreement recognised as a registered instrument under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for registration. The CFMEU needed to demonstrate that the agreement met all the necessary criteria, including provisions for employee representation, dispute resolution, and compliance with minimum standards of pay and conditions. The Commission also had to consider whether the agreement was made in good faith and whether it would provide a safety net for employees.

In its decision, the Commission reviewed the proposed agreement clause by clause, assessing whether each provision met the legislative requirements. The Commission found that the agreement contained all the necessary elements and was consistent with the principles of the Fair Work Act. The CFMEU provided evidence of good faith negotiations and demonstrated that the agreement provided fair and reasonable terms for employees. The Commission concluded that the agreement was in the best interests of the employees and approved it for registration.

The Fair Work Commission approved the Aspire Facades Group NSW Pty Ltd / CFMEU Collective Agreement 2024-2027 for registration as a registered instrument. The Commission found that the agreement met all statutory requirements and was made in good faith. The decision ensures that the employees of Aspire Facades Group NSW Pty Ltd will be covered by the terms of the agreement, providing them with a fair and reasonable set of conditions 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