Construction, Forestry and Maritime Employees Union

[2024] FWCA 3385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3132)

FTC AUSTRAL FORM AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the FTC Austral Form Australia 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 FTC Austral Form Australia 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 26 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, Construction, Forestry and Maritime Employees Union, the Fair Work Commission was asked to approve a collective agreement between the FTC Austral Form Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union for the period 2024-2027. The union sought approval of the agreement, which was entered into under section 186 of the Fair Work Act 2009, to establish the terms and conditions of employment for its members working under the agreement. The legal issues before the Commission were centred on whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009, particularly in terms of its procedural fairness, and whether it provided for the appropriate balance between the interests of the employer and the employees.

The Commission considered whether the agreement was made in good faith and whether it provided for the fair and reasonable terms and conditions of employment. It was noted that the agreement was entered into after a period of negotiations and that the union had provided the employer with all necessary information and documentation. The Commission also considered whether the agreement provided for adequate protections for employees, including provisions for redundancy, termination, and dispute resolution. The Commission was satisfied that the agreement provided for appropriate protections for employees and that it was made in good faith.

Following its consideration, the Commission approved the collective agreement, finding that it was procedurally fair and provided for the appropriate balance between the interests of the employer and the employees. The Commission noted that the agreement contained provisions for redundancy, termination, and dispute resolution that were in line with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission also noted that the agreement provided for the appropriate balance between the interests of the employer and the employees and that it was in the best interests of the employees. The Commission approved the agreement, subject to certain conditions, including the requirement that the employer provide the union with certain information and documentation.

The Fair Work Commission approved the collective agreement, subject to certain conditions, and directed that the agreement be registered with the Fair Work Commission. The Commission also directed that the agreement be published on the Fair Work Commission's website and that the employer provide the union with certain information and documentation. The decision provides guidance for employers and unions entering into collective agreements and highlights the importance of ensuring that agreements are procedurally fair and provide for the appropriate balance between the interests of the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established