Construction, Forestry and Maritime Employees Union

[2024] FWCA 1550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1301)

KMN CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 APRIL 2024

Application for approval of the KMN Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the KMN Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 7 May 2024. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of the KMN Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023. The respondent, KMN Constructions Pty Ltd, contested the application. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it facilitated the efficient and effective operation of the workplace and adhered to the principles of the Act, including the protection of employees’ rights and interests.

The Commission assessed the agreement against these criteria. It found that the agreement provided clear and concise terms that were readily understood by both parties, which facilitated effective communication and compliance. The Commission noted that the agreement contained provisions that ensured the efficient operation of the workplace, including clear dispute resolution processes and flexible work arrangements. The Commission also considered the agreement's alignment with the principles of the Act, finding that it appropriately balanced the interests of the employer and employees, including provisions for wage progression, leave entitlements, and health and safety measures.

Based on the comprehensive assessment, the Commission concluded that the agreement met the statutory requirements for approval. The Commission approved the KMN Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023, acknowledging that it provided a fair and effective framework for the workplace. The Commission’s decision ensures that the terms of the agreement will provide stability and predictability for both parties in their industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established