Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3120)

CONCRETE STRUCTURES GROUP 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 Concrete Structures Group 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 Concrete Structures Group 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 Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) filed an application for the approval of a proposed collective agreement between the Concrete Structures Group Pty Ltd and the CFMEU. The agreement covered the period from 2024 to 2027. The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, whether it met the requirements for good faith bargaining, and if it adequately protected employee rights and interests.

The Commission examined the proposed agreement in detail, assessing its compliance with statutory provisions and principles of good faith bargaining. The Commission considered the fairness of the terms, the adequacy of protections provided to employees, and the balance between the rights of employers and employees. After reviewing submissions from both parties and relevant legal standards, the Commission found that the agreement substantially complied with the Act and met the requirements for good faith bargaining. The terms were deemed fair and reasonable, adequately protecting the rights and interests of the employees.

The Commission approved the collective agreement, recognising its compliance with the statutory requirements and its fairness to both parties. The agreement was found to be a bona fide endeavour by both parties to reach an agreement in good faith and was therefore approved. The final orders of the Commission were that the Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved as filed.

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