Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3350)

QUALITY RIGGING SERVICES (AUSTRALIA) 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 Quality Rigging Services (Australia) 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 Quality Rigging Services (Australia) 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 involved an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and Quality Rigging Services (Australia) Pty Ltd. The agreement sought to cover the period from 2024 to 2027 and encompassed various terms and conditions of employment. The application was brought under the relevant legislative provisions that require the court to ensure the agreement meets certain criteria before it can be approved.

The primary legal issues the court needed to address were whether the agreement was genuinely negotiated, was fair and reasonable, and whether it complied with the provisions of the relevant industrial legislation. The court had to scrutinise the negotiation process to ascertain whether the agreement reflected the outcome of genuine collective bargaining. Additionally, the court had to consider whether the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. Finally, the court had to determine whether the agreement complied with the legislative requirements for approval.

The court examined the evidence provided and found that the negotiation process was genuine and that the agreement reflected the outcome of collective bargaining. The terms and conditions were deemed fair and reasonable, balancing the interests of both parties. The court concluded that the agreement met all the legislative requirements for approval. Consequently, the court granted the application for approval of the collective agreement, allowing it to take effect from the specified period.

No further orders were made beyond the approval of the collective agreement. The court's decision affirmed the validity and enforceability of the agreement between the CFMEU and Quality Rigging Services (Australia) Pty Ltd for the stipulated period.

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