Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2278)

AQUALAND CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JULY 2024

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

An application has been made for approval of an enterprise agreement known as the Aqualand Construction 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Aqualand Construction Pty Ltd, who sought approval for their proposed collective agreement covering the period 2024-2027. The court was asked to assess whether the agreement complied with relevant industrial relations laws and whether it met the necessary standards for approval. The application was lodged under the Fair Work Act 2009, which mandates that certain collective agreements must be approved by the Fair Work Commission.

The primary legal issues before the court involved determining whether the proposed collective agreement was fair and reasonable, and whether it complied with the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement provided for appropriate minimum wages and conditions, did not unfairly discriminate, and was not contrary to public policy. The court also had to consider whether the agreement adequately represented the interests of the employees and whether it was negotiated in good faith.

In reaching its decision, the court examined the contents of the agreement in detail, considering both the provisions directly related to wages and conditions, and broader provisions impacting the workplace. The court found that the proposed agreement met the statutory requirements for approval. It concluded that the agreement provided for fair and reasonable terms and conditions, did not unfairly discriminate against any group of employees, and was consistent with public policy. Additionally, the court was satisfied that the agreement had been negotiated in good faith and adequately represented the interests of the employees.

The court approved the Aqualand Construction Pty Ltd / CFMEU Collective Agreement 2024-2027, affirming its compliance with the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement are legally enforceable and provides certainty to both employers and employees for the duration of the agreement.

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