Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3310)

TEXCO CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024 - 2027

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

Application for approval of the Texco Contracting Pty Ltd / CFMEU Collective Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Texco Contracting 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

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Texco Contracting Pty Ltd sought approval of their collective agreement for the period 2024-2027. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the relevant legislative standards for approval. The key issue before the Commission was whether the proposed terms and conditions in the agreement were fair and reasonable, and whether they complied with the applicable provisions of the Fair Work Act 2009.

The Commission examined the specific terms of the agreement, focusing on whether the proposed changes were consistent with the principles of enterprise bargaining and the broader objectives of the Fair Work Act. The Commission also assessed whether the agreement provided adequate protection for employees' rights and interests, and whether it struck an appropriate balance between the interests of the employer and the employees. The CFMEU argued that the proposed agreement was fair and reasonable, and that it reflected the needs and circumstances of the employees. Texco Contracting Pty Ltd, on the other hand, contended that certain provisions of the agreement were unreasonable and did not align with the principles of the Fair Work Act.

After considering the arguments and evidence presented by both parties, the Commission concluded that the proposed agreement met the necessary standards for approval. The Commission found that the agreement provided adequate protection for employees' rights and interests, and that it was consistent with the principles of enterprise bargaining and the broader objectives of the Fair Work Act. The Commission also determined that the agreement struck an appropriate balance between the interests of the employer and the employees. As a result, the Commission approved the Texco Contracting Pty Ltd / CFMEU Collective Agreement 2024-2027.

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