Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2065)

MATRIX DEMOLITION AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 3 JULY 2024

Application for approval of the Matrix Demolition and CFMEU (WA) Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Matrix Demolition and CFMEU (WA) Collective Agreement (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, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 43 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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, will operate from 10 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

The case before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFME) for the approval of the Matrix Demolition and CFMEU (WA) Collective Agreement 2024-2027. The dispute was centred around the terms of the collective agreement, specifically whether they were in compliance with the relevant industrial laws and regulations. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial matters.

The primary legal issues that the court had to address were whether the collective agreement was genuinely negotiated, whether it adhered to the principles of good faith, and if it complied with the statutory provisions governing industrial relations. The court also needed to ensure that the agreement did not contain terms that were contrary to public policy or that were otherwise invalid under the Fair Work Act 2009.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the collective agreement was genuinely negotiated and reflected the principles of good faith. The terms of the agreement were deemed to be fair and reasonable, and they complied with the statutory requirements. The commission was satisfied that the agreement did not include any terms that were contrary to public policy or otherwise invalid. Consequently, the commission approved the Matrix Demolition and CFMEU (WA) Collective Agreement 2024-2027. This decision was based on a thorough examination of the collective bargaining process and the content of the agreement itself, ensuring that it met the necessary legal standards.

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