Construction, Forestry and Maritime Employees Union

[2024] FWCA 3461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2678)

CITY CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the City Concrete Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the City Concrete 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 this case, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of a collective agreement with City Concrete Pty Ltd, covering the period 2024 to 2027. The Fair Work Commission (FWC) was tasked with examining the agreement to ensure it met the legal requirements set out in the Fair Work Act 2009. The dispute centred around whether the agreement adequately covered the terms and conditions of employment, including wages, working conditions, and dispute resolution mechanisms, and whether it complied with the legislative framework.

The legal issues before the Commission included whether the agreement provided for adequate minimum wages and conditions, as well as whether it contained provisions that were inconsistent with the overarching objectives of the Fair Work Act. Additionally, the Commission had to determine if the agreement was made in good faith and whether it included proper mechanisms for resolving disputes between the employer and employees. The Commission also needed to assess whether the agreement adequately protected the rights of employees, including those who were not members of the union.

The Commission reviewed the agreement clause by clause, finding that it generally met the statutory requirements for a modern award. The agreement provided for fair wages and conditions of employment, in line with the minimum standards set by the Fair Work Act. The Commission also determined that the agreement contained appropriate dispute resolution mechanisms, which were accessible and effective. While some minor amendments were recommended to improve clarity and consistency with the Act, the overall agreement was deemed to be in good faith and compliant with the legislative framework. The Commission approved the agreement subject to these minor modifications.

The Fair Work Commission approved the City Concrete Pty Ltd / CFMEU Collective Agreement 2024-2027 with minor conditions, allowing it to come into effect. The modifications required by the Commission were aimed at ensuring the agreement remained compliant with the Fair Work Act and protected the rights of all employees, including non-union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established