Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 3121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3304)

CLADDING CREATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 2 OCTOBER 2023

Application for approval of the Cladding Creations Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Cladding Creations 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). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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, Maritime, Mining and Energy 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 9 October 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Cladding Creations Pty Ltd, the Fair Work Commission was asked to approve a collective agreement set for the period 2023–2027. The dispute centred around the terms and conditions of employment and workplace relations between the union and the employer, particularly focusing on wages, hours of work, and other employment conditions.

The legal issues before the Commission included whether the proposed agreement complied with the Fair Work Act 2009, particularly regarding its fairness and compliance with the "better off overall test." This test ensures that employees are not disadvantaged by the collective agreement compared to their previous conditions. The Commission also had to consider whether the agreement adhered to the principles of enterprise flexibility and if it provided adequate protection for employees' rights and interests.

The Fair Work Commission, in its decision, examined the proposed terms and conditions in detail, assessing their fairness and compliance with the statutory requirements. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and provisions for dispute resolution mechanisms. After thorough consideration, the Commission found that the collective agreement was fair and met the better off overall test, as it provided significant benefits to the employees without imposing undue hardship on the employer. Consequently, the Commission approved the collective agreement, ensuring its enforcement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established