Construction, Forestry and Maritime Employees Union

[2024] FWCA 1264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1028)

CAVA SCAFFOLD SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 9 APRIL 2024

Application for approval of the Cava Scaffold Solutions Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Cava Scaffold 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 16 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

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Cava Scaffold Solutions Pty Ltd for the approval of their collective agreement spanning 2023 to 2027. The union and the company sought to have the agreement validated under the Fair Work Act 2009. The court's task was to review the agreement to ensure it adhered to the relevant legislative framework and was fair and reasonable for the employees and the employer.

The primary legal issues before the court were whether the collective agreement complied with the provisions of the Fair Work Act, and if the terms of the agreement were fair and reasonable. Specifically, the court examined if the agreement contained appropriate provisions regarding wages, hours of work, leave, and other employment conditions, and whether it provided for fair and effective dispute resolution mechanisms. Additionally, the court assessed if the agreement allowed for any undue hardship to be imposed on either party and whether it met the standard of fairness required by the legislation.

The court found that the collective agreement between the CFMEU and Cava Scaffold Solutions Pty Ltd was compliant with the Fair Work Act. The terms of the agreement were considered fair and reasonable, providing a balanced approach to the rights and obligations of both the employer and the employees. The court also noted that the agreement included provisions for effective dispute resolution and did not impose any undue hardship on either party. Consequently, the court approved the collective agreement, acknowledging its compliance with the legislative requirements and its fairness to both parties involved.

In conclusion, the court granted the application for the approval of the collective agreement between the CFMEU and Cava Scaffold Solutions Pty Ltd for the period 2023 to 2027. The agreement was deemed to be compliant with the Fair Work Act and was found to be fair and reasonable in its terms. This decision allows the parties to proceed with the implementation of the agreement, providing a framework for the employment conditions and dispute resolution mechanisms for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established