Construction, Forestry and Maritime Employees Union

[2024] FWCA 3384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3100)

WORKPLACE TRAFFIC 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 Workplace Traffic 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 Workplace Traffic 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

The matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union and Workplace Traffic Pty Ltd. The union sought approval for a collective agreement between the parties covering the period 2024-2027. The nature of the dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically whether it contained provisions that complied with the requirements of the Act, including the Fair Work (Registered Organisations) Act 2009.

The primary legal issue the Commission needed to resolve was whether the provisions of the collective agreement complied with the Act and whether the agreement provided for a fair and efficient workplace. The Commission examined various provisions of the agreement, including those related to wages, hours of work, leave entitlements, and other employment conditions. The union argued that the agreement provided a balanced outcome for both parties, while Workplace Traffic Pty Ltd contended that certain provisions were unfair and did not meet the legislative standards.

In its decision, the Fair Work Commission found that the proposed agreement contained provisions that did not meet the criteria for approval under the Fair Work Act. The Commission highlighted specific clauses that it deemed to be inconsistent with the requirements of the Act, particularly those that related to the terms of employment and the rights of employees. The Commission concluded that the agreement, as proposed, was not suitable for approval because it did not ensure fair and efficient workplace arrangements. The union and Workplace Traffic Pty Ltd were directed to negotiate and submit an amended agreement that complied with the legislative requirements.

The Commission ordered that the application for approval of the collective agreement be dismissed. The parties were required to work together to address the issues identified by the Commission and submit a revised agreement for consideration. The Fair Work Commission reserved the right to further review the revised agreement to ensure that it met all the necessary criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established