Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3243)

SOUTHERN LABOUR HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Southern Labour Hire Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Southern Labour Hire 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, acting as a registered organisation, applied for the approval of the Southern Labour Hire Pty Ltd / CFMEU Collective Agreement 2024-2027. This application followed negotiations between the union and the employer, Southern Labour Hire Pty Ltd, concerning employment terms and conditions for the employees covered by the proposed agreement. The union submitted that the agreement met the necessary criteria for approval, while the employer expressed concerns about specific provisions that might adversely affect its business operations.

The primary legal issue before the commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement met the statutory criteria for approval, including provisions related to minimum terms and conditions, employee entitlements, and the process by which the agreement was negotiated. The court also had to determine if the agreement was consistent with the principles of the Fair Work Act, particularly those promoting harmonious, productive, and cooperative workplace relations.

The commission found that the collective agreement largely complied with the statutory criteria and the principles of the Fair Work Act. The court examined the provisions raised by the employer and concluded that, while some adjustments might benefit the employer's operational flexibility, they did not significantly detract from the overall fairness and reasonableness of the agreement. The commission approved the agreement, noting the importance of maintaining a balance between the parties' interests and the broader public interest in promoting fair and effective workplace relations.

The final order of the commission was to approve the Southern Labour Hire Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to the terms and conditions specified in the approval. The agreement was to be registered and would come into effect on the date of the commission's decision. This decision provided clarity and certainty for both the union and the employer regarding the employment terms and conditions for the relevant period.

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