Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1862)

TJMS LABOUR PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 7 JUNE 2024

Application for approval of the TJMS Labour PTY LTD and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the TJMS Labour PTY LTD and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 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

In the matter of an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the TJMS Labour PTY LTD and CFMEU Union Collective Agreement 2023-2027, the Fair Work Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009. The CFMEU sought to ensure that the terms of the agreement were consistent with the legislative framework, particularly focusing on provisions concerning pay rates, conditions of employment, and procedural fairness in the workplace.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements outlined in the Fair Work Act. This involved examining whether the agreement contained terms that were in accordance with the Fair Work (Registered Organisations) Act 2009, specifically addressing whether the CFMEU was indeed a registered organisation entitled to enter into the agreement. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Fair Work Act that protect employees from unfair dismissal, and that it provided adequate mechanisms for resolving workplace disputes.

The Commission, after thorough consideration of the evidence and arguments presented by the parties, determined that the collective agreement complied with the statutory requirements. The agreement was found to be fair and reasonable, taking into account the interests of both the employees and the employer. The Commission noted that the CFMEU had provided sufficient evidence of its registration as a union under the Fair Work Act, and that the agreement's terms were consistent with the legislative framework. The Commission was satisfied that the agreement did not include any terms that would be detrimental to employees, and that it provided adequate protections and mechanisms for resolving disputes. Accordingly, the Commission approved the agreement.

The Fair Work Commission's decision resulted in the approval of the TJMS Labour PTY LTD and CFMEU Union Collective Agreement 2023-2027. The agreement was to be applied from the effective date, and both parties were bound by its terms. The Commission's approval was contingent upon adherence to the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, ensuring that the agreement continued to meet the statutory requirements throughout its duration.

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