Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3016)

KPI SERVICES (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the KPI Services (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the KPI Services (NSW) 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 matter before the court was an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement with KPI Services (NSW) Pty Ltd, covering the period 2024-2027. The dispute involved the terms and conditions of employment for workers under this agreement, including wages, hours of work, and other employment conditions. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue the court had to address was whether the proposed collective agreement complied with the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The court also needed to consider if the agreement adequately addressed the interests of both the employer and the employees, ensuring it was not detrimental to the workforce.

In its decision, the Commission found that the collective agreement met the necessary criteria under the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and did not contain any terms that were unfair or unreasonable. The agreement provided for fair wages and conditions, and it was deemed to adequately protect the interests of the employees. Consequently, the Commission approved the agreement, allowing it to come into effect from the specified period.

The Fair Work Commission approved the KPI Services (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027, confirming it met the requirements of the Fair Work Act 2009. The agreement was to be implemented as of the specified period, and both parties were bound by its terms.

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