Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2763)

VARI WORKFORCE 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 Vari Workforce 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 Vari Workforce 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 court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) seeking approval of a collective agreement between Vari Workforce Pty Ltd and the CFMEU, covering the period from 2024 to 2027. The application was brought to the Fair Work Commission under the Fair Work Act 2009. The legal issues before the Commission were primarily centred around whether the proposed agreement complied with the statutory requirements for approval under the Act, and if it met the standards of good faith bargaining and provided for fair and reasonable terms and conditions.

The Commission carefully examined the provisions of the agreement, focusing on its compliance with the legislative framework, including the criteria for good faith bargaining and the provisions for fair and reasonable terms. The CFMEU argued that the agreement reflected the outcomes of genuine negotiations and contained terms that were fair and reasonable for the employees. Vari Workforce Pty Ltd supported the application, asserting that the agreement was the result of good faith negotiations and was fair and reasonable. The Commission considered the evidence and submissions from both parties and assessed whether the agreement met the statutory criteria for approval. The Court found that the agreement complied with the requirements of the Act, and the terms and conditions were fair and reasonable.

Consequently, the Commission approved the Vari Workforce Pty Ltd / CFMEU Collective Agreement 2024-2027, thereby resolving the application. The approval was granted based on the findings that the agreement was the product of good faith negotiations and provided for fair and reasonable terms and conditions for the employees. The court ordered that the agreement be registered with the Fair Work Commission and would be applicable from the specified period, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between Vari Workforce Pty Ltd and the employees represented by the CFMEU.

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