Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2673)

HAYDES 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 Haydes Concrete Pty. Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Haydes 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 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 involved an application for the approval of a collective agreement between Haydes Concrete Pty. Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for the years 2024 to 2027. The application was heard by the Fair Work Commission, which is responsible for regulating industrial relations in Australia. The CFMEU sought approval for the agreement under the Fair Work Act 2009, arguing that it provided appropriate terms and conditions for its members working for Haydes Concrete.

The central legal issues before the Commission were whether the proposed collective agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. This involved examining the agreement's provisions against statutory criteria such as whether it provided for fair and reasonable terms and conditions, including remuneration, working conditions, and dispute resolution mechanisms. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests and whether it was negotiated in good faith.

In delivering its decision, the Commission carefully reviewed the contents of the collective agreement, taking into account submissions from both parties. The Commission found that the agreement contained provisions that were fair and reasonable and met the statutory criteria. It also determined that the agreement was negotiated in good faith and was in the best interests of the employees. Consequently, the Commission approved the collective agreement, noting that it provided a balanced set of terms and conditions that appropriately addressed the needs of both the employer and the employees.

The Fair Work Commission approved the Haydes Concrete Pty. Ltd / CFMEU Collective Agreement 2024-2027, confirming its compliance with the Fair Work Act and its benefit to the employees. This decision ensures that the agreement will govern the employment terms and conditions for the specified period, providing a framework for fair and reasonable industrial relations 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