Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3222)

YAKKA SUPPLIES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 3 OCTOBER 2024

Application for approval of the Yakka Supplies Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Yakka Supplies 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) filed an application before the Fair Work Commission for the approval of the Yakka Supplies Pty Ltd / CFMEU Collective Agreement 2024-2027. The agreement was proposed to cover employees in the construction, forestry, and maritime industries employed by Yakka Supplies Pty Ltd. The application sought to have the agreement recognised as a protected action agreement, thus conferring certain bargaining rights on the parties involved. The nature of the dispute centred around the procedural compliance of the agreement with relevant legislative provisions and its appropriateness for endorsement by the Commission.

The primary legal issue before the Commission was whether the proposed collective agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was appropriately negotiated, free from any unfair provisions, and if it complied with the good faith bargaining requirements. Furthermore, the Commission assessed whether the agreement provided fair terms and conditions for the employees and did not unduly prejudice the interests of other employers or employees within the relevant industries.

In its reasoning, the Commission found that the application met the necessary criteria for approval. The agreement was deemed to have been negotiated in good faith and contained terms that were fair and reasonable. The Commission also concluded that the agreement did not contain any provisions that were unfair within the meaning of the Act. The agreement was found to be consistent with the objectives of the Fair Work Act, promoting cooperative and productive workplace relations. Accordingly, the Commission approved the collective agreement, acknowledging its potential to foster harmonious industrial relations between Yakka Supplies Pty Ltd and the CFMEU.

The final orders of the Commission were that the Yakka Supplies Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved and recognised as a protected action agreement. This decision ensured that the agreement would be binding on the parties and provided a framework for the terms and conditions of employment for the specified period. The approval also granted the CFMEU certain bargaining rights as outlined in the agreement, while Yakka Supplies Pty Ltd received assurances regarding the stability and predictability of industrial relations within its operations.

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