Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2956)

DE MARTIN & GASPARINI / CFMEU COLLECTIVE AGREEMENT 2024-2027

Cement and concrete products
COMMISSIONER MATHESON	SYDNEY, 3 OCTOBER 2024

Application for approval of the De Martin & Gasparini / CFMEU Collective Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the De Martin & Gasparini / 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 Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to have the De Martin & Gasparini / CFMEU Collective Agreement 2024 - 2027 approved under the Fair Work Act. The parties to the dispute were the CFMEU, representing the employees, and De Martin & Gasparini, the employer. The central issue was whether the terms of the proposed agreement were fair and reasonable, taking into account the relevant economic and other circumstances.

The legal issues before the Commission included whether the agreement contained terms that complied with the Fair Work Act's provisions for minimum entitlements and whether the agreement was in the best interests of the employees. The Commission also had to consider if the agreement addressed the need for fair and equitable terms for both parties, including provisions for dispute resolution and workplace health and safety. Furthermore, the Commission assessed the impact of the agreement on the employees' rights and the employer's operational requirements.

In reaching its decision, the Commission examined the evidence presented by both parties, including expert testimony on industry standards and economic conditions. The Commission determined that the proposed agreement provided fair and reasonable terms for the employees, ensuring that their minimum entitlements were protected and that the agreement was beneficial to them. The Commission was satisfied that the agreement was in the best interests of the employees, considering the balance it struck between their rights and the employer's operational needs. Consequently, the Commission approved the collective agreement, finding it to be fair and reasonable in all respects.

The Fair Work Commission hereby approves the De Martin & Gasparini / CFMEU Collective Agreement 2024 - 2027. This decision is made under section 235 of the Fair Work Act 2009. The approval is effective from the date of the decision and will apply to all employees covered by the agreement.

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