Construction, Forestry and Maritime Employees Union

[2024] FWCA 2617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2505)

BUILT PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JULY 2024

Application for approval of the Built Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Built Pty Limited / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied for approval of a collective agreement with Built Pty Limited. The agreement covered the period from 2024 to 2027. The application was heard by the Fair Work Commission. The primary dispute concerned whether the proposed agreement met the legal requirements for approval, including compliance with the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement contained appropriate provisions for minimum wages and conditions, and whether it provided fair mechanisms for the resolution of disputes. The court also considered whether the agreement was genuinely negotiated between the parties and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the agreement met all the necessary legal requirements. The Commission noted that the agreement provided for wages and conditions that were at least equal to those stipulated in the relevant awards. The Commission also found that the dispute resolution mechanisms were fair and accessible. The Commission was satisfied that the agreement was the product of genuine negotiations and did not contravene the principles of good faith bargaining. As a result, the Commission approved the collective agreement.

The final orders of the Commission included the approval of the Built Pty Limited / CFMEU Collective Agreement 2024-2027. The agreement was deemed to be compliant with the Fair Work Act 2009 and was to be registered accordingly. The Commission’s decision provided clarity and certainty for both the union and the employer regarding the terms of their future industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established