Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2675)

KINGSTON 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 Kingston Concrete Pty. Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Kingston 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

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Kingston Concrete Pty. Ltd, covering the period from 2024 to 2027. The agreement was proposed to regulate various employment conditions, including wages, hours of work, and other terms and conditions pertinent to the construction industry. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and was in the public interest.

The primary legal issue before the court was to determine if the collective agreement complied with the mandatory provisions set out in the Fair Work Act. Specifically, the court had to assess whether the agreement adhered to the requirements for good faith bargaining and if it provided for a fair and efficient means of resolving disputes. The court also considered whether the agreement was likely to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement did meet the necessary statutory requirements and was in the public interest. The Commission concluded that the agreement was the product of good faith bargaining between the parties and contained provisions that were fair and efficient for resolving disputes. Additionally, the Commission determined that the agreement would likely promote harmonious, productive and cooperative workplace relations within the industry. Accordingly, the application for approval was granted, and the collective agreement was approved for the period 2024 to 2027.

The court made an order approving the Kingston Concrete Pty. Ltd / CFMEU Collective Agreement 2024-2027, subject to the terms and conditions specified in the agreement. This decision ensures that the agreement will govern the employment conditions for the specified period, providing a framework for the resolution of any disputes that may arise between the parties.

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