Construction, Forestry and Maritime Employees Union

[2024] FWCA 3347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2764)

VARI WORKFORCE NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2024

Application for approval of the Vari Workforce NSW 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 NSW 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 24 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of a collective agreement with Vari Workforce NSW Pty Ltd for the period 2024-2027, the decision was handed down by the Fair Work Commission. The agreement in question was submitted to the Commission for approval under section 237 of the Fair Work Act 2009, as it was considered to be in the interests of achieving a cooperative workplace. The primary dispute centred around the terms and conditions outlined in the proposed agreement, including wages, hours of work, and dispute resolution mechanisms, which the CFMEU sought to have formally recognised and enforced.

The legal issues the court was required to decide centred on whether the proposed agreement met the statutory criteria for approval as set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was genuinely made by the parties in good faith, and whether it provided for fair and reasonable terms and conditions. The court also needed to assess whether the agreement promoted a cooperative workplace and avoided unnecessary complexity and fragmentation of the industrial relations system. Furthermore, the court had to consider whether the agreement was in the interests of achieving a cooperative workplace, as well as whether it was consistent with the principles of the Act.

In reaching its decision, the Fair Work Commission carefully considered the provisions of the proposed agreement, the submissions made by both parties, and the relevant statutory criteria. The court found that the agreement contained terms and conditions that were fair and reasonable, and that it promoted a cooperative workplace. The Commission also determined that the agreement was in the interests of achieving a cooperative workplace and did not result in unnecessary complexity or fragmentation of the industrial relations system. As a result, the Commission approved the collective agreement, finding that it met all the necessary criteria for formal recognition and enforcement.

The final orders of the Fair Work Commission included the approval of the Vari Workforce NSW Pty Ltd / CFMEU Collective Agreement 2024-2027, with the terms and conditions outlined in the agreement to be binding on the parties for the specified period. The court also noted that any disputes arising from the agreement would be resolved in accordance with the mechanisms provided for in the agreement, or as otherwise determined by the Commission under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established