Construction, Forestry and Maritime Employees Union

[2024] FWCA 3328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2771)

BROBRIK NSW PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 SEPTEMBER 2024

Application for approval of the Brobrik 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 Brobrik 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 (NERR) 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 20 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry and Maritime Employees Union v Brobrik NSW Pty. Ltd., the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and Brobrik NSW Pty. Ltd. for the period of 2024-2027. The crux of the matter was to determine whether the proposed agreement was in line with the provisions of the Fair Work Act 2009, particularly focusing on the requirements for enterprise agreements to be registered by the Commission.

The key legal issues that the Commission had to address included whether the agreement met the criteria for being a genuine enterprise agreement, whether it adhered to the provisions of the Fair Work Act regarding the scope of bargaining, and if the agreement complied with the mandated minimum standards of the National Employment Standards (NES) and the Fair Work Act's safety net provisions. Furthermore, the Commission considered whether the agreement was consistent with the public interest and did not unfairly discriminate against employees.

In delivering its decision, the Full Bench of the Fair Work Commission found that the proposed collective agreement complied with the statutory requirements for registration. The Commission determined that the agreement was genuinely negotiated between the parties, covered a permissible bargaining scope, and did not contravene any of the prescribed minimum standards. The Bench was satisfied that the agreement did not unfairly disadvantage any group of employees and was in the public interest. Consequently, the Commission approved the agreement for registration, and it will be effective from the stipulated period of 2024-2027.

The Full Bench of the Fair Work Commission approved the application for the registration of the Brobrik NSW Pty. Ltd. / CFMEU Collective Agreement 2024-2027, affirming its compliance with the Fair Work Act 2009. This decision ensures that the agreement will be binding on the parties involved and will serve as a framework for the employment conditions of the workforce covered by the agreement during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established