Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3221)

PRESTONS CONCRETORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Prestons Concretors Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Prestons Concretors Pty Limited / 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 applied for the approval of the Prestons Concretors Pty Limited and CFMEU Collective Agreement 2024-2027. The agreement covered the employment terms of workers in the concreting industry. The union sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The employer contested the application, arguing that certain provisions of the agreement did not meet the requirements of the Act. The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act and whether it met the criteria for registration. The Commission examined the provisions of the agreement in light of the statutory requirements and considered the arguments presented by both parties. It found that the agreement generally met the criteria for registration, despite some minor non-compliance issues that could be rectified. The Commission approved the agreement, subject to minor modifications to address the identified issues.

The Fair Work Commission's decision to approve the Prestons Concretors Pty Limited and CFMEU Collective Agreement 2024-2027, subject to minor modifications, reflects a careful balancing of the statutory requirements and the practical needs of the parties. The Commission acknowledged the efforts made by the parties to negotiate a comprehensive agreement that addressed the needs of both employers and employees in the concreting industry. However, it also emphasised the importance of strict compliance with the Fair Work Act to ensure that the agreement provides for fair and effective terms of employment. The Court's decision provides clarity for both parties, allowing the agreement to take effect while addressing any legal concerns that could potentially lead to disputes in the future. The final orders of the Commission were that the agreement be approved with minor modifications to be made within a specified timeframe.

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