Construction, Forestry and Maritime Employees Union

[2024] FWCA 1611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1409)

VTS CONTRACTING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 MAY 2024

Application for approval of the VTS Contracting QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the VTS Contracting QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 15 May 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 case before the Fair Work Commission involved an application for the approval of the VTS Contracting QLD Pty Ltd and Construction, Forestry and Maritime Employees Union (CFMEU) Collective Agreement for the years 2023-2027. The application was brought forth by the CFMEU, which sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of the agreement, specifically whether they complied with the statutory requirements and whether they provided for a fair and reasonable outcome for the employees.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 234 of the Fair Work Act, particularly whether the agreement provided for a genuine collective bargaining process, contained only matters that were genuinely the subject of genuine collective bargaining, and was in the best interests of the employees. Furthermore, the Commission had to consider whether the agreement was consistent with the National Employment Standards and the applicable modern awards.

The Commission found that the agreement was the product of a genuine collective bargaining process, as it was entered into after meaningful negotiations between the parties. The Commission also held that the agreement contained only genuinely bargainable matters, as it did not include any terms that were outside the scope of the parties' bargaining rights. The Commission found that the agreement was in the best interests of the employees, as it provided for a range of protections and benefits, including a pay increase, improved leave entitlements, and better conditions for shift workers. The Commission was satisfied that the agreement was consistent with the National Employment Standards and the applicable modern awards, as it did not include any terms that were less favourable than those provided for in the awards.

The Commission approved the agreement and registered it as a registered agreement under the Fair Work Act. The agreement will now apply to all employees of VTS Contracting QLD Pty Ltd who are members of the CFMEU, and will remain in force until the end of the agreement period, or until it is replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established