| [2024] FWCA 3486 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/3244)
PENHIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 3 OCTOBER 2024 |
Application for approval of the Penhire Pty Ltd / CFMEU Collective Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the Penhire Pty Ltd / CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 3486
- Case
- [2024] FWCA 3486
- Decision Date
CaseChat Overview and Summary
The key legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). Specifically, the Commission had to determine if the agreement met the criteria for "modern awards" under the Act, and whether it included all the minimum entitlements that employees are entitled to under the National Employment Standards. The Commission also needed to assess whether the agreement provided for a fair and reasonable process for resolving workplace disputes.
In delivering its decision, the Commission noted that the collective agreement provided for a fair and reasonable process for resolving workplace disputes, and that it included all the minimum entitlements required by the National Employment Standards. The Commission was satisfied that the agreement met the criteria for a modern award and that it was in the best interests of the employees. Accordingly, the Commission approved the collective agreement, subject to certain minor modifications to ensure compliance with the Act.
The Fair Work Commission approved the Penhire Pty Ltd and CFMEU Collective Agreement 2024-2027, subject to minor modifications. The Commission found that the agreement met the criteria for a modern award and provided for a fair and reasonable process for resolving workplace disputes. The Commission also determined that the agreement included all the minimum entitlements required by the National Employment Standards. The approval of the agreement ensures that the employees of Penhire Pty Ltd will be covered by a fair and reasonable set of terms and conditions of employment for the next three years.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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