Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2036)

D & Z CONSTRUCTIONS PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 13 JUNE 2024

Application for approval of the D & Z Constructions Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the D & Z Constructions Pty Ltd and CFMEU (WA) 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 Applicant/CFMEU). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The CFMEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. 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 Construction, Forestry and Maritime Employees Union sought approval of a collective agreement between D & Z Constructions Pty Ltd and the union. The application was heard in the Fair Work Commission, which has the authority to approve collective agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the statutory requirements and if it provided for fair and reasonable terms for the employees.

The Commission examined the agreement's provisions, including wages, hours of work, and other employment conditions, to determine if they met the statutory criteria for approval. The Commission considered the fairness and reasonableness of the agreement's terms, taking into account the bargaining positions of the parties and the principles of enterprise bargaining. The Commission also assessed whether the agreement promoted conciliation, avoidance of disputes, and the improvement of productivity and efficiency in the workplace.

After careful consideration, the Commission found that the agreement complied with the statutory requirements and provided for fair and reasonable terms for the employees. The agreement was approved, and the Commission made an order approving the collective agreement between D & Z Constructions Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) for the period 2024 to 2027. The Commission's decision was based on the evidence presented and its assessment of the agreement's provisions and the bargaining positions of the parties.

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