Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2268)

BUILDCORP GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Buildcorp Group Pty Limited / 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 May 2024 and the Agreement was made on 14 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Buildcorp Group Pty Limited. The agreement was proposed for the period 2024 to 2027 and covered various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The application was made under the Fair Work Act 2009, which mandates that certain collective agreements be approved by the Fair Work Commission if they are to have legal effect.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it provided for the fair and reasonable terms and conditions of employment. The Commission needed to ensure that the agreement did not undermine the minimum standards set by the Act, and that it provided for the resolution of disputes in a fair and efficient manner. Additionally, the Commission had to consider whether the agreement was negotiated in good faith and whether it complied with the prescribed process for collective agreements.

The Fair Work Commission determined that the proposed agreement satisfied the requirements of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and did not undermine the minimum standards. The Commission also concluded that the agreement was negotiated in good faith and complied with the prescribed process for collective agreements. Furthermore, the dispute resolution mechanisms within the agreement were deemed adequate and effective.

The Fair Work Commission approved the Buildcorp Group Pty Limited / CFMEU Collective Agreement 2024-2027, confirming its compliance with the Fair Work Act. The agreement was to be legally binding on the parties and enforceable in accordance with the Act. The Commission's approval ensured that the terms of the agreement would provide a stable and fair framework for employment relations between Buildcorp Group Pty Limited and the CFMEU over the specified period.

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