Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2365)

TAYLOR CONSTRUCTION GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JULY 2024

Application for approval of the Taylor Construction Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Taylor Construction Group Pty Ltd / 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 16 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 approval of a collective agreement between Taylor Construction Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2024-2027. The primary issue was whether the collective agreement complied with the relevant legislative requirements and was fair and reasonable. The decision was made by the Fair Work Commission, which has jurisdiction over matters concerning employment and workplace relations in Australia.

The court was required to determine if the agreement adhered to the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the provisions that govern the approval of enterprise agreements. It was necessary to assess whether the agreement was made in good faith and whether it contained the appropriate terms and conditions for employees. Additionally, the court needed to consider whether the agreement was consistent with the objectives of the Fair Work Act, which include facilitating high levels of economic and employment participation and productivity.

The Fair Work Commission found that the collective agreement was compliant with the statutory requirements. It was established that the agreement was made in good faith, and all parties had engaged in genuine bargaining. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the economic circumstances, the bargaining power of the parties, and the overall objectives of the Fair Work Act. The Commission also noted that the agreement provided appropriate protections for employees and did not adversely affect their rights or entitlements.

Accordingly, the Fair Work Commission approved the collective agreement between Taylor Construction Group Pty Ltd and the Construction, Forestry and Maritime Employees Union for the period 2024-2027. The agreement was registered and would be binding on the parties and their employees. This decision ensured that the terms and conditions of employment for the covered employees were legally recognised and enforceable.

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