Construction, Forestry and Maritime Employees Union

[2024] FWCA 2432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2266)

ROBERTS CO (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Roberts Co (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Roberts Co (NSW) 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 10 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 parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and Roberts Co (NSW) Pty Ltd. The dispute revolves around the approval of a proposed collective agreement for the period 2024-2027. The Fair Work Commission was tasked with determining whether the proposed agreement should be approved. The Commission needed to assess the agreement against the relevant provisions of the Fair Work Act 2009 and other applicable laws to ensure it met the necessary criteria for approval.

The central legal issues before the Commission involved the compliance of the proposed agreement with the statutory requirements for approval under the Fair Work Act. This included examining whether the agreement provided for the appropriate minimum terms and conditions, ensuring it did not contravene any protected industrial action provisions, and assessing whether the agreement allowed for genuine bargaining between the parties. The Commission also considered the fairness of the proposed terms to both the employees and the employer, including their impact on productivity and workplace relations.

The Commission found that the proposed agreement was consistent with the requirements of the Fair Work Act and did not contravene any provisions that would render it invalid. It was determined that the agreement provided for the necessary minimum terms and conditions, allowed for genuine bargaining, and was fair and reasonable for both parties. The Commission took into account the context of the industries involved and the broader economic environment, which supported the conclusion that the agreement would not lead to adverse effects on productivity or workplace relations. Consequently, the Commission approved the agreement, recognising the efforts of both parties in reaching a fair and balanced outcome.

The final orders of the Commission were to approve the Roberts Co (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to the terms and conditions set out in the agreement. This approval ensures that the agreement will be legally binding on the parties involved and will govern the employment conditions for the specified period. The decision reflects the Commission's role in facilitating fair and effective collective bargaining while upholding the statutory framework designed to protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established