Construction, Forestry and Maritime Employees Union

[2024] FWCA 3462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2821)

SYDNEY LABOUR & CONSTRUCTION PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2024 - 2027

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

Application for approval of the Sydney Labour & Construction Pty. Ltd. / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Sydney Labour & Construction 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 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 for approval of a collective agreement between Sydney Labour & Construction Pty. Ltd. and the CFMEU for the period 2024-2027. The application was heard by the Fair Work Commission, which had to determine if the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The court was required to assess whether the agreement provided for the terms and conditions of employment, including pay and conditions, that were no less favourable than the relevant minimum standards. It also needed to ensure the agreement did not undermine the operation of the safety net of minimum wages and conditions provided by the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement satisfied the requirements of the Act. It included provisions that provided for fair and reasonable terms and conditions, including pay rates and working conditions, which were no less favourable than the safety net provisions. The Commission concluded that the agreement was fair and appropriate and approved it, noting its compliance with the statutory requirements.

The Fair Work Commission approved the collective agreement between Sydney Labour & Construction Pty. Ltd. and the CFMEU for the period 2024-2027, confirming its compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established