Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3612)

BUILD BRIDGE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 OCTOBER 2024

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

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Build Bridge Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 2 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the Build Bridge Pty Ltd / CFMEU Collective Agreement 2024-2027. The agreement sought to establish terms and conditions of employment between Build Bridge Pty Ltd and its employees represented by the CFMEU for the period 2024-2027. The nature of the dispute involved assessing whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically focusing on whether it complied with the provisions regarding employee rights, minimum entitlements, and the public interest.

The legal issues that the Commission needed to address were whether the proposed agreement provided for employees' fair work information statement, annual leave loading, penalty rates, and other entitlements as required by the Fair Work Act. Additionally, the Commission had to determine if the agreement met the public interest test and did not undermine existing workplace relations laws. The Commission considered submissions from both parties, examining the provisions of the agreement against statutory requirements and existing jurisprudence.

After thorough examination, the Commission determined that the Build Bridge Pty Ltd / CFMEU Collective Agreement 2024-2027 met the legislative requirements under the Fair Work Act 2009. The Commission found that the agreement provided for all necessary employee entitlements, including fair work information, leave loading, and penalty rates. Furthermore, the agreement was deemed to meet the public interest test as it did not undermine existing workplace relations laws and provided for a fair and reasonable outcome for both parties. Consequently, the Commission approved the agreement, confirming its compliance with all relevant legislative provisions.

The final orders of the Commission were to approve the Build Bridge Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from 1 July 2024, for the period ending 30 June 2027. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between Build Bridge Pty Ltd and its employees during the specified period.

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