Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3339)

ALL ACCURATE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024 - 2027

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

Application for approval of the All Accurate Pty Ltd / CFMEU Collective Agreement 2024-2027

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Construction, Forestry and Maritime Employees Union lodged an application for the approval of the All Accurate Pty Ltd / CFMEU Collective Agreement 2024-2027. The dispute centred on whether the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement complied with the provisions regarding employee representation, the process of bargaining, and the contents of the agreement itself.

The primary legal issues revolved around whether the agreement was genuinely negotiated and if it contained terms that were fair and reasonable. The Commission examined whether the union had appropriately represented its members during the negotiations and whether the agreement's terms were within the scope of what is permissible under the Fair Work Act. Additionally, the Commission considered whether the agreement complied with the good faith bargaining requirements.

The Fair Work Commission found that the Construction, Forestry and Maritime Employees Union had genuinely negotiated the agreement and that it contained terms that were fair and reasonable. The Commission concluded that the union had appropriately represented its members and that the agreement's terms were within the scope of what is permissible under the Fair Work Act. The Commission also determined that the good faith bargaining requirements were met. Accordingly, the Commission approved the All Accurate Pty Ltd / CFMEU Collective Agreement 2024-2027.

The Fair Work Commission approved the All Accurate Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from 1 January 2024, and it will remain in force until 31 December 2027.

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