Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3276)

TCL SUPPORT SERVICES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 30 SEPTEMBER 2024

Application for approval of the TCL Support Services Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the TCL Support Services Pty Limited / 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 notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 7 October 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between TCL Support Services Pty Limited and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2024-2027. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009, which allows for the endorsement of agreements that meet certain criteria. The dispute centred on whether the agreement complied with the requirements set forth by the legislation, specifically whether it contained terms that were consistent with the principles of the Act and provided for fair and effective workplace relations.

The court was required to determine if the agreement met the statutory criteria for approval. This included assessing whether the agreement contained provisions that were consistent with the principles of the Act, including those relating to the preservation of the right to bargain collectively and the protection of employees' rights. The court also needed to ensure that the agreement was free from any terms that could undermine the health and safety of employees or otherwise be detrimental to workplace relations.

The Fair Work Commission found that the agreement contained terms that were consistent with the principles of the Act and provided for fair and effective workplace relations. The court concluded that the agreement did not contain any terms that were inconsistent with the statutory requirements and met all the necessary criteria for approval. The Commission approved the agreement, recognising its compliance with the legislative standards and its potential to support constructive and productive industrial relations.

In approving the agreement, the Commission issued orders under section 233 of the Fair Work Act 2009, recognising the collective agreement as meeting the necessary standards for endorsement. The approved agreement is now legally binding between the parties, and its terms will govern the employment conditions for 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