Construction, Forestry and Maritime Employees Union

[2024] FWCA 3292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3524)

GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2024

Application for approval of the GVK NSW Reo 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 GVK NSW Reo 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 18 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court was an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2024-2027. The application was heard in the Fair Work Commission (FWC), a tribunal established under the Fair Work Act 2009 (Cth). The primary legal issue for the Commission to determine was whether the terms of the proposed agreement were in the best interests of the employees covered by the agreement, in accordance with section 235 of the Fair Work Act. This involved assessing whether the agreement met the "better-off, overall and in the national system" (BOOIS) test, which requires that the employees should be better off overall considering the agreement as a whole and in comparison to what would be available to them under the national safety net.

The Commission considered the terms of the agreement, the submissions of the parties, and relevant economic and industry data. The CFMEU argued that the agreement was in the best interests of the employees, highlighting wage increases, improved working conditions, and provisions for training and development. GVK NSW Reo Pty Ltd contended that the agreement was reasonable and fair, and that it provided for a balanced approach that took into account the needs of both the employees and the employer. The Commission found that the proposed agreement met the BOOIS test, as it provided for wage increases that were in line with inflation and productivity gains, and included provisions that improved the working conditions and job security of the employees. The Commission also noted that the agreement provided for a fair and reasonable balance between the interests of the employees and the employer.

In approving the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2024-2027, the Commission made an order under section 236 of the Fair Work Act. The order approved the agreement and directed that it be registered with the Fair Work Commission. The approval of the agreement means that it will now apply to the employees covered by the agreement for the period of 2024 to 2027, and will provide for the terms and conditions of employment for those employees during that time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established