Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2591)

NQ CONCRETE PUMPING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 OCTOBER 2024

Application for approval of the NQ Concrete Pumping Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the NQ Concrete Pumping 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 3 June 2024 and the Agreement was made on 5 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 9 October 2024 and, in accordance with s.54, will operate from 16 October 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

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with NQ Concrete Pumping Pty Ltd. The agreement, covering the period 2023-2027, aimed to regulate the terms and conditions of employment for workers within the industry. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards of good faith bargaining and the public interest.

The primary legal issues addressed by the Commission were whether the agreement provided for genuine good faith bargaining, whether it complied with the minimum standards set by the Fair Work Act, and whether it was in the public interest. The Commission also examined if the agreement contained provisions that were contrary to the principles of the national workplace relations system, particularly those concerning pay and conditions.

The Commission found that the agreement demonstrated genuine good faith bargaining, as evidenced by the negotiation process and the willingness of both parties to reach a consensus. The agreement met all minimum standards prescribed by the Fair Work Act and contained provisions that were in the public interest, promoting fair and equitable treatment of employees. The Commission was satisfied that the agreement did not include any provisions that were contrary to the principles of the national workplace relations system. Consequently, the Commission approved the agreement, emphasising the importance of fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the NQ Concrete Pumping Pty Ltd and CFMEU Union Collective Agreement 2023-2027, recognising it as meeting the standards of good faith bargaining, minimum workplace standards, and the public interest. The approval ensures that the agreement will govern the terms and conditions of employment for the relevant workers, providing a fair and reasonable framework for the industry.

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