Construction, Forestry and Maritime Employees Union

[2024] FWCA 1415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1185)

ECS SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 APRIL 2024

Application for approval of the ECS Solutions Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the ECS Solutions 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 29 April 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 this case, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the ECS Solutions Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The application was brought before the Fair Work Commission (FWC), which was required to determine whether the collective agreement met the necessary legislative criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement complied with the requirements for a registered organisation agreement, including whether it had been made in good faith and whether it provided for fair and reasonable terms and conditions of employment.

The FWC considered whether the agreement had been made in good faith, which involves an objective assessment of whether the parties negotiated the agreement without coercion or undue influence. The Commission also examined whether the terms of the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions. The FWC determined that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions of employment, as it included provisions for wages, allowances, and other benefits that were consistent with industry standards and practices.

As a result, the FWC approved the ECS Solutions Pty Ltd and CFMEU Union Collective Agreement 2023-2027, finding that it met the necessary legislative criteria for approval. The Commission's decision was based on its assessment of the evidence and its consideration of the relevant legal principles. The CFMEU and ECS Solutions Pty Ltd were now bound by the terms of the approved agreement, which would govern their employment relationship for the duration of the agreement. This decision provides clarity for both parties and ensures that the agreement is fair and reasonable for all employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established