Construction, Forestry and Maritime Employees Union

[2024] FWCA 3453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2636)

REDS GLOBAL (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 2 OCTOBER 2024

Application for approval of the Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Reds Global (NSW) 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 employer covered by the Agreement is Reds Global (NSW) Pty Ltd.

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 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between the CFMEU and Reds Global (NSW) Pty Ltd, effective from 2024 to 2027. The Commission was required to assess the agreement to determine if it met the criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement adhered to the provisions of the Act, particularly focusing on the protection of employee rights, the inclusion of appropriate dispute resolution mechanisms, and the overall fairness of the terms and conditions set out within the agreement. The Commission also considered whether the agreement adequately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission carefully examined the contents of the collective agreement, considering the terms related to wages, conditions of employment, and dispute resolution processes. The Commission concluded that the agreement did not adequately protect employee rights and did not provide for an appropriate dispute resolution mechanism. Consequently, the application for approval was dismissed. The Commission noted that while the agreement contained many fair terms, the deficiencies in the protection of employee rights and the dispute resolution process were significant enough to warrant the refusal of approval.

The Fair Work Commission ordered that the application for approval of the Reds Global (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027 be dismissed. The Commission directed the parties to address the identified deficiencies and resubmit the agreement for consideration once the issues had been rectified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established