Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2706)

CPB CONTRACTORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2024

Application for approval of the CPB Contractors Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the CPB Contractors Pty Limited / 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 13 May 2024 and the Agreement was made on 8 July 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 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 Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between CPB Contractors Pty Limited and the CFMEU, covering the period 2024-2027. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The central dispute was whether the agreement met the statutory requirements for registration, including that it provided for a fair and efficient workplace, and whether it complied with the procedural requirements of the Act.

The court was required to determine whether the agreement provided for a fair and efficient workplace, and whether the union had followed the necessary procedural steps to have the agreement registered. Key issues included whether the agreement contained provisions that were consistent with the objectives of the Fair Work Act, and whether the union had engaged in genuine and meaningful negotiations with the employer. The court also needed to consider whether the union had given adequate notice of the application for registration and whether the agreement had been properly scrutinised for compliance with the Act.

The Fair Work Commission found that the agreement met the statutory requirements for registration. The court noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including those that promoted fair and efficient workplaces. The union had demonstrated that it had engaged in genuine and meaningful negotiations with the employer, and had followed the necessary procedural steps to have the agreement registered. The Commission also found that the union had given adequate notice of the application for registration and that the agreement had been properly scrutinised for compliance with the Act. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the CPB Contractors Pty Limited / CFMEU Collective Agreement 2024-2027 as a registered agreement. The Commission ordered that the agreement be registered under the Fair Work Act 2009, and that it would be effective from the date of registration. The decision confirmed the importance of collective bargaining in promoting fair and efficient workplaces, and underscored the need for genuine and meaningful negotiations between employers and employees.

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