Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3281)

FITZGERALD CONSTRUCTIONS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 27 SEPTEMBER 2024

Application for approval of the Fitzgerald Constructions Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Fitzgerald Constructions Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise 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 4 October 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Fitzgerald Constructions Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), with the matter being heard in the Fair Work Commission. The nature of the dispute was an application for the approval of a proposed enterprise agreement, the Builder Enterprise Agreement 2024-2027. This agreement sought to regulate the terms and conditions of employment for employees within the specified industry.

The legal issues before the court required the Commission to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement complied with the good faith bargaining provisions, whether it contained the minimum entitlements as per the Fair Work Act, and whether it was in the best interest of the employees. The court had to ensure that the agreement was not detrimental to the employees and that it was fairly negotiated between the parties.

The Commission's reasoning was based on a thorough examination of the proposed agreement against the statutory criteria. The court found that the agreement was negotiated in good faith and contained all the minimum entitlements as stipulated by the Fair Work Act. Furthermore, the court concluded that the agreement was in the best interests of the employees as it provided fair and reasonable terms of employment without causing detriment to the employees. Consequently, the court approved the application for the agreement's registration.

The final orders of the court were that the Builder Enterprise Agreement 2024-2027 between Fitzgerald Constructions Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved and registered. This decision ensured that the agreement would be legally binding and enforceable under the Fair Work Act.

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