Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2851)

EVERWILLING TOWER CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Everwilling Tower Cranes 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

In this case, the Construction, Forestry and Maritime Employees Union (CFMEU) and Everwilling Tower Cranes Pty Ltd applied to the Fair Work Commission for approval of their collective agreement for the years 2024 to 2027. The CFMEU represents employees in the construction industry, and the agreement sought to cover employment conditions for crane operators and other relevant staff. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the proposed collective agreement contained provisions that were consistent with the objectives of the Fair Work Act, which include promoting high wages and conditions, encouraging productivity, and ensuring fair treatment for employees. The Commission had to consider if the agreement contained any unfair or unreasonable provisions that would warrant rejection under section 235 of the Act.

The Commission found that the agreement largely met the objectives of the Act. The agreement included provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms, which were all deemed fair and reasonable. The Commission noted that the agreement contained provisions that aligned with industry standards and practices, and there were no significant concerns about the terms and conditions of employment. Therefore, the Commission approved the agreement under section 231 of the Fair Work Act, finding that it met the necessary standards for approval.

The Fair Work Commission approved the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from 1 July 2024. The approval signifies that the agreement will regulate the employment conditions for the specified period, providing a framework for fair and productive industrial relations between the company and its employees. The decision reinforces the importance of collective bargaining in achieving fair outcomes for workers within the construction industry.

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