Construction, Forestry and Maritime Employees Union

[2024] FWCA 3291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3354)

LANE ACCESS GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Lane Access Group Pty Limited / 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 Lane Access Group Pty Limited / 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

In the recent case before the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for the Lane Access Group Pty Limited / CFMEU Collective Agreement 2024-2027. The dispute arose from the negotiation and proposed terms of the collective agreement between the union and the employer. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural requirements set out in the Act, whether it met the good faith bargaining obligations, and if it provided for terms and conditions that were fair and reasonable. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement was the product of genuine and good faith negotiations, as evidenced by the documentation and testimonies presented. The terms and conditions of the agreement were deemed fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The Commission concluded that the agreement complied with the procedural and substantive requirements of the Act, and therefore, approved the collective agreement.

The Fair Work Commission approved the Lane Access Group Pty Limited / CFMEU Collective Agreement 2024-2027, effective from the date of the decision. The decision reinforces the importance of good faith bargaining and fair and reasonable terms in collective agreements, ensuring that both employers and employees are protected under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established