Construction, Forestry and Maritime Employees Union

[2024] FWCA 3452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2635)

RESOLUTION RIGGING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Resolution Rigging Services Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Resolution Rigging Services 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 employer covered by the Agreement is Resolution Rigging Services Pty Ltd (Employer).

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 the matter of the Construction, Forestry and Maritime Employees Union, the applicant sought approval for a proposed collective agreement with Resolution Rigging Services Pty Ltd, covering the period from 2024 to 2027. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval. The dispute centred around the terms and conditions proposed in the agreement, including wage rates, working conditions, and other employment-related matters.

The legal issues before the FWC encompassed whether the agreement was in the best interests of the employees, whether it complied with the Fair Work Act 2009, and whether it adhered to the principles of good faith bargaining and the broader objectives of the Fair Work Act. The FWC had to consider the fairness of the agreement, its potential impact on the employees, and whether any provisions were contrary to public policy or social justice.

The FWC carefully reviewed the proposed agreement, considering the submissions from both parties and relevant legislative and regulatory frameworks. The FWC found that the agreement contained provisions that were not in the best interests of the employees, as they failed to adequately protect the employees' entitlements and did not align with the objectives of the Fair Work Act. Consequently, the FWC rejected the application for approval of the proposed collective agreement.

The FWC's final orders included the rejection of the proposed collective agreement, with specific reasons provided for the decision. The FWC directed the parties to continue negotiations in good faith to reach an agreement that would meet the statutory requirements and be in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established