Construction, Forestry and Maritime Employees Union

[2024] FWCA 3346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2759)

VARI TRAFFIC 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 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 Vari 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 24 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, and Maritime Employees Union (CFMEU) and Vari Traffic Pty Ltd, with the CFMEU seeking approval for a proposed collective agreement set to run from 2024 to 2027. The court's task was to determine whether the agreement met the necessary legal standards for approval under the relevant industrial relations legislation. The dispute centred on whether the agreement contained provisions that were not in compliance with statutory requirements and whether it provided adequate protections for employees.

The legal issues that the court needed to address included the validity of specific terms within the agreement, such as those related to wages, working conditions, and dispute resolution mechanisms. The court also had to consider whether the agreement adequately balanced the interests of both the employer and the employees, ensuring that it did not unfairly disadvantage either party. Another key issue was whether the agreement had been genuinely negotiated between the parties and whether it provided for a fair and efficient means of resolving workplace disputes.

The court meticulously reviewed each clause of the proposed agreement, evaluating them against the criteria set out in the relevant industrial legislation. The court found that while most of the agreement was compliant, certain provisions required amendment to meet legal standards. It was determined that the agreement, in its current form, did not adequately address the procedural fairness required in dispute resolution processes. After considering submissions from both parties, the court made several recommendations for amendments to ensure the agreement met all legal requirements. The court granted conditional approval of the agreement, pending the implementation of the recommended changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established