Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2481)

BESIX WATPAC / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JULY 2024

Application for approval of the Besix Watpac / CFMEU Collective Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Besix Watpac / 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 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 23 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 matter before the court involved an application for the approval of a collective agreement between Besix Watpac and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2024 to 2027. The application was brought under the Fair Work Act 2009, seeking the court's endorsement of the agreement which aimed to set out the terms and conditions of employment for the workers in the relevant industries.

The primary legal issue before the court was whether the collective agreement met the statutory requirements under the Fair Work Act for it to be approved. This included ensuring that the agreement did not have any terms that were contrary to public policy or were otherwise unlawful, and that it complied with any relevant industrial instruments and minimum standards prescribed by the Act.

The court considered the terms of the agreement and the submissions from both parties. It found that the agreement was comprehensive and covered a wide range of employment conditions, including wages, hours of work, leave provisions, and other workplace rights and obligations. The court was satisfied that the agreement did not contain any terms that were contrary to public policy or otherwise unlawful. Furthermore, the court determined that the agreement complied with the relevant industrial instruments and minimum standards set out in the Act. Consequently, the court approved the collective agreement, recognising it as a lawful and binding instrument between the parties for 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