Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2852)

ARGUS CONSTRUCTION SERVICES (NSW) PTY LTD T-AS ARGUS TRAFFIC / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Argus Construction Services (NSW) Pty Ltd t-as Argus Traffic / CFMEU Collective Agreement 2024- 2027

An application has been made for approval of an enterprise agreement known as the Argus Construction Services (NSW) Pty Ltd t-as Argus Traffic / 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 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 Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of a collective agreement between Argus Construction Services (NSW) Pty Ltd trading as Argus Traffic and the CFMEU, covering the period 2024 to 2027. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, particularly concerning its compliance with the Fair Work Act and the standards set by the FWC for collective agreements.

The key legal issues before the FWC were whether the agreement contained all the required provisions and whether it met the standards set by the FWC. The FWC had to ensure that the agreement included all the elements specified in the Fair Work Act and that it did not contain any provisions that would undermine the objectives of the Act. The CFMEU argued that the agreement was comprehensive and adhered to the legal requirements, while Argus Construction Services contended that certain clauses were problematic and did not align with the standards expected by the FWC.

The FWC considered the arguments presented by both parties and examined the content of the agreement in detail. The Commission found that the agreement included all the required provisions and was generally in compliance with the Fair Work Act. The FWC noted that while some provisions could be improved, they did not significantly detract from the overall compliance of the agreement. The FWC was satisfied that the agreement met the necessary standards and approved it under the Fair Work Act.

The FWC approved the Argus Construction Services (NSW) Pty Ltd t-as Argus Traffic / CFMEU Collective Agreement 2024-2027, subject to the terms and conditions outlined in the approval. The CFMEU and Argus Construction Services were directed to implement the agreement in accordance with the terms of the approval. The decision provided clarity on the requirements for collective agreements and reinforced the FWC's role in ensuring that agreements are fair and compliant with the law.

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