Construction, Forestry and Maritime Employees Union

[2024] FWCA 3460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2677)

SYDNEY CIVIC CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Cement and concrete products
COMMISSIONER MATHESON	SYDNEY, 2 OCTOBER 2024

Application for approval of the Sydney Civic Contracting Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Sydney Civic Contracting 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.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 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 9 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, on behalf of its members, sought approval of a proposed collective agreement with Sydney Civic Contracting Pty Ltd. The dispute involved the terms and conditions of employment for workers in the Sydney local government area, focusing on wages, hours, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for minimum wages and conditions, and whether it was made in good faith and without coercion. The Commission considered whether the agreement adequately covered the provisions of the National Employment Standards and whether it complied with the good faith bargaining obligations. Additionally, the Commission examined whether the agreement was consistent with the existing industrial instruments and whether it would promote harmony, stability, and productivity in the workplace.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements. The Commission determined that the agreement provided for minimum wages and conditions as mandated by the Act, and that it was made in good faith. The Commission also concluded that the agreement was consistent with the existing industrial instruments and would promote harmony, stability, and productivity in the workplace. Consequently, the Commission approved the proposed agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Sydney Civic Contracting Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from 1 July 2024. The Commission's decision ensures that the agreement will govern the terms and conditions of employment for the relevant workers during the specified period, providing a framework for fair and productive industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established