Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2869)

NASS LABOUR PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Nass Labour Pty. Limited / CFMEU Collective Agreement 2024-2027

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

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of the Nass Labour Pty. Limited/CFMEU Collective Agreement 2024-2027. The dispute arose from the application process of approving the collective agreement under section 234 of the Fair Work Act 2009. The company and the union had reached an agreement on various terms and conditions of employment, and the application was made to formalise these terms.

The central legal issues that the Commission had to address were whether the collective agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement contained only permitted matters, did not authorise discrimination, was not contrary to public policy, and did not contravene any minimum standards set by the Act. The Commission also had to consider the fairness of the agreement's terms, particularly in light of any relevant enterprise bargaining policies or awards that might apply.

In delivering its decision, the Commission carefully examined the contents of the agreement against the statutory criteria. The Commission found that the agreement did not contain any prohibited matters and did not authorise discrimination. It also concluded that the agreement was not contrary to public policy and did not contravene any minimum standards. Additionally, the Commission was satisfied that the agreement was fair, taking into account the relevant policies and awards. Based on these findings, the Commission approved the application for the collective agreement.

The Fair Work Commission approved the Nass Labour Pty. Limited/CFMEU Collective Agreement 2024-2027, thereby formalising the terms and conditions of employment between the parties. This decision sets a precedent for similar agreements and ensures that the terms agreed upon are legally binding and fair under the provisions of the Fair Work Act.

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