Construction, Forestry and Maritime Employees Union

[2024] FWCA 2461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1969)

CFMEU CONSTRUCTION & GENERAL DIVISION OFFICE COLLECTIVE AGREEMENT 2024-2027

Clerical industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 JULY 2024

Application for approval of the CFMEU Construction & General Division Office Collective Agreement 2024-2027

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

The title of the Agreement in the Notice of Employee Representational Rights (NERR) issued by the Employer incorrectly refers to the year “2023” in the title of the Agreement rather than the year “2024”. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5) of the Act.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 July 2024. The nominal expiry date of the Agreement is 1 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry and Maritime Employees Union (CFMEU) and the Fair Work Commission. The dispute centred on the application for approval of the CFMEU Construction & General Division Office Collective Agreement 2024-2027. The Fair Work Commission, under the Fair Work Act 2009, was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues the court needed to address were whether the agreement complied with the provisions of the Fair Work Act 2009, including the requirement for it to be free from prohibited content and to be approved in the public interest. The court also had to consider if the agreement met the statutory bargaining obligations and whether it provided for a fair and efficient resolution of workplace issues.

The Fair Work Commission evaluated the agreement against the statutory criteria, finding that it was free from prohibited content and did not include any provisions that would be detrimental to the public interest. The court noted that the agreement was negotiated in good faith and was deemed to be efficient and fair for the employees and employers involved. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements.

The final orders of the Fair Work Commission included the approval of the CFMEU Construction & General Division Office Collective Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established