Construction, Forestry and Maritime Employees Union

[2024] FWCA 3459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2676)

WIDEFORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Wideform Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Wideform 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 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 court was an application by Wideform Pty Ltd for the approval of a collective agreement with the Construction, Forestry and Maritime Employees Union (CFMEU) for the years 2024 to 2027. The application was brought under the relevant federal industrial relations legislation, and the court was required to determine whether the agreement met the necessary statutory requirements for approval.

The central legal issue was whether the collective agreement complied with the applicable industrial relations laws. Specifically, the court had to consider whether the agreement was in good faith, whether it contained appropriate dispute resolution mechanisms, and whether it adhered to any relevant minimum standards set by law. The court also had to examine whether the agreement contained any provisions that were contrary to public policy or that imposed excessive burdens on the parties involved.

In delivering the decision, the court found that the collective agreement satisfied all the statutory requirements for approval. The agreement was deemed to have been made in good faith, and it contained adequate provisions for the resolution of disputes. The court also determined that the agreement did not contravene any minimum standards and was not contrary to public policy. Consequently, the court approved the agreement, confirming that it met all necessary legal criteria.

As a result of the court's decision, the Wideform Pty Ltd / CFMEU Collective Agreement 2024-2027 was approved and is now legally binding on the parties. This approval ensures that the agreement will be upheld and enforced in accordance with the relevant industrial relations legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established