Construction, Forestry and Maritime Employees Union

[2024] FWCA 2525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2367)

CNC PRO (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2024

Application for approval of the CNC PRO (QLD) PTY LTD and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the CNC PRO (QLD) PTY LTD and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the CNC (Queensland) Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the best interests of the employees, was consistent with the relevant national employment standards, and complied with other statutory provisions.

The key legal issues before the Commission were whether the agreement adequately protected employee rights and interests, and whether it complied with the statutory criteria for approval. The Union argued that the agreement provided significant benefits to employees, while the employer contended that certain provisions were overly restrictive and detrimental to business operations. The Commission needed to balance the interests of the employees and the employer, ensuring that the agreement was fair and reasonable.

The Commission carefully considered the terms of the agreement, the submissions of both parties, and the relevant legislative framework. It found that while some provisions did pose potential challenges to the employer, the overall agreement provided meaningful benefits to the employees and was consistent with the statutory requirements. The Commission concluded that the agreement was in the best interests of the employees and approved the collective agreement.

The Fair Work Commission approved the CNC (Queensland) Pty Ltd and CFMEU Union Collective Agreement 2023-2027, subject to the terms and conditions outlined in the decision. The Commission's approval was based on the finding that the agreement met the statutory criteria for approval and was in the best interests of the employees. The decision provides clarity for both parties and establishes a framework for the employment relationship during the agreement's term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established