Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/904)

NSW REINFORCING PTY LTD / CFMEU COLLECTIVE CIVIL STEELFIXING AGREEMENT 2019-2023

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

Application for approval of the NSW Reinforcing Pty Ltd / CFMEU Collective Civil Steelfixing Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the NSW Reinforcing Pty Ltd / CFMEU Collective Civil Steelfixing Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry and Maritime Employees Union.

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. In particular, I am satisfied that Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 11 April 2024. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union and NSW Reinforcing Pty Ltd, pertaining to the Civil Steelfixing Agreement for the period 2019-2023. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the statutory criteria for approval. The union and the employer sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement complied with the requirements for registration, including whether it contained genuine terms and conditions of employment and whether it had been genuinely agreed upon by the parties. The Commission also needed to consider whether the agreement was in the best interests of the employees and if it met the broader objectives of the Fair Work Act.

The Commission assessed the agreement clause by clause, considering whether each provision met the statutory requirements. It determined that the agreement contained genuine terms and conditions of employment and that it had been genuinely agreed upon by the parties. The Commission was satisfied that the agreement was in the best interests of the employees and aligned with the broader objectives of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it did not include any provisions that would undermine the industrial relations system. After careful consideration, the Commission approved the agreement, finding that it met all the necessary criteria for registration.

The Fair Work Commission approved the Civil Steelfixing Agreement between the Construction, Forestry and Maritime Employees Union and NSW Reinforcing Pty Ltd for the period 2019-2023. The Commission determined that the agreement contained genuine terms and conditions of employment and that it had been genuinely agreed upon by the parties. The agreement was found to be in the best interests of the employees and aligned with the broader objectives of the Fair Work Act. The Commission's decision provides certainty and stability for both the employer and the employees covered by the agreement. The final orders of the Commission were that the agreement be registered as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

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