Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1724)

PFI INSTALLATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027 (PROJECT)

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2024

Application for approval of the PFI Installations Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Project)

An application has been made for approval of an enterprise agreement known as the PFI Installations Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Project) (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, Mining and Energy 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 7 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

The matter before the Fair Work Commission concerned an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of the PFI Installations Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The dispute arose from the negotiation and terms of the collective agreement between the union and the employer. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act.

The central legal issue before the Commission was whether the collective agreement complied with the legislative standards for approval. This involved examining if the agreement contained all the mandatory terms specified in the Fair Work Act, and whether the agreement had been made in good faith and without coercion. The Commission also considered whether the agreement met the criteria for being a "single, written agreement" and if it provided for fair and reasonable terms and conditions for the employees.

In rendering its decision, the Commission noted that the agreement contained all the required mandatory terms and was made in good faith. The Commission found that the agreement was a single, written document and that it provided for fair and reasonable terms and conditions for the employees. The Commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. Consequently, the application for approval was approved.

The Fair Work Commission approved the PFI Installations Pty Ltd and CFMEU Union Collective Agreement 2023-2027, thereby allowing the agreement to be registered and enforceable. This decision ensures that the terms of the agreement will govern the employment conditions between the parties for 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