Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/951)

ARROW ACCESS & SCAFFOLDING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 4 APRIL 2024

Application for approval of the Arrow Access & Scaffolding PTY LTD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Arrow Access & Scaffolding 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, 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 11 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 the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a collective agreement between itself and Arrow Access & Scaffolding Pty Ltd, spanning from 2023 to 2027. The union sought to ensure that the agreement was consistent with the applicable legislative framework and fair work principles.

The central legal issues addressed by the Commission involved whether the terms and conditions of the collective agreement were compliant with the relevant provisions of the Fair Work Act 2009 and Fair Work Regulations 2009. Specifically, the Commission had to assess whether the agreement met the requirements for a valid enterprise agreement, including whether it was made in good faith, whether it was free from any improper influence or coercion, and whether it provided for the proper operation of the business.

The Fair Work Commission examined the proposed agreement in detail, considering the submissions from both parties. The Commission determined that the agreement was fair and reasonable, in line with the statutory requirements, and did not contain any terms that were contrary to the public interest. The agreement was approved, reflecting its alignment with fair work principles and its appropriateness for the specific enterprise. The Commission’s approval was based on the evidence presented and the overall balance of the agreement’s terms and conditions.

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