Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2579)

MIRVAC CONSTRUCTIONS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2024

Application for approval of the Mirvac Constructions 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 Mirvac Constructions 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.

On the basis of the material before the Commission, including the application and accompanying declarations, I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application for approval has been met. In accordance with s 186(1), the Commission must therefore approve the Agreement

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 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 30 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, acting on behalf of employees in the construction industry, applied for approval of a collective agreement between Mirvac Constructions Pty Ltd and the union, covering the period from 2024 to 2027. The union sought to have the agreement recognised as a protected action agreement, enabling the enforcement of its terms through the Commission's powers. The employer, Mirvac Constructions, did not oppose the application, and the Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The key legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement provided for the protection of employees' interests, including fair wages and working conditions, and whether it met the requirements for protected action agreements under the Act. The Commission also needed to ensure that the agreement did not have an unreasonable impact on the employer's business operations or the broader economy.

The Commission found that the collective agreement was comprehensive and addressed key issues such as wages, hours of work, and other employment conditions. The agreement provided for fair and reasonable terms for employees and was designed to protect their interests while maintaining a balanced approach that did not unduly impact Mirvac Constructions' business. The Commission concluded that the agreement met the criteria for approval as a protected action agreement, and there was no evidence suggesting that it would have an unreasonable effect on the employer's operations or the economy.

The Commission approved the Mirvac Constructions Pty Ltd/CFMEU Collective Agreement 2024-2027, recognising it as a protected action agreement. The agreement was deemed to be in the interests of fairness and did not unreasonably impact the employer's business or the broader economy. The decision allowed the union to enforce the terms of the agreement, ensuring that employees received fair wages and conditions during the specified 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