Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2985)

M2 SUSTAINABLE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the M2 Sustainable Services Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the M2 Sustainable Services 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 involved an application by M2 Sustainable Services Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of their collective agreement, spanning the years 2024 to 2027. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the provisions of the Fair Work Act 2009. The central issue was whether the terms of the collective agreement met the legislative criteria for approval, particularly in relation to the principles of enterprise bargaining and good faith negotiation.

The Commission focused on whether the agreement adhered to the requirements set forth in the Fair Work Act, which mandates that an approved agreement must be made in good faith and must not include terms that are less favourable than the relevant award or the national employment standards. The Court examined the negotiation process and the content of the agreement to ensure that it was the product of genuine bargaining and provided fair terms for employees. Additionally, the Commission assessed whether the agreement covered all essential matters of bargaining, including wages and other conditions of employment, and whether it complied with the provisions regarding the protection of employees' rights.

Upon review, the Fair Work Commission found that the agreement was the result of genuine and good faith bargaining, and it contained terms that were not less favourable than the relevant award or national employment standards. The Commission was satisfied that the agreement met all the legislative criteria for approval and was conducive to maintaining harmonious industrial relations. The terms of the agreement were deemed to be fair and reasonable, and it was approved under the Fair Work Act.

The final orders of the Commission were to approve the M2 Sustainable Services Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered and binding on all parties involved, ensuring that it would govern the employment conditions between the company and the union for the specified period. The Commission's decision underscored the importance of fair and effective collective bargaining in maintaining a balanced and equitable workplace.

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