Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/355)

SAFE-T-PRO SERVICES (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 FEBRUARY 2024

Application for approval of the Safe-T-Pro Services (QLD) PTY LTD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Safe-T-Pro Services (QLD) 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 6 March 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, an Australian trade union, applied for the approval of the Safe-T-Pro Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The agreement, which was entered into between the union and the employer, aimed to regulate the terms and conditions of employment for employees of Safe-T-Pro Services in Queensland. The dispute arose due to the need for the Commission to assess whether the agreement complied with relevant industrial legislation and whether it was fair and reasonable for the employees and the employer.

The primary legal issue that the Commission had to decide was whether the collective agreement met the requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to consider whether the agreement provided for proper representation of employees, included terms that were fair and reasonable, and was made in good faith. Furthermore, the Commission had to ensure that the agreement did not discriminate against any group of employees and that it complied with the modern awards and other applicable industrial instruments.

After considering the evidence and submissions from both parties, the Commission found that the Safe-T-Pro Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027 complied with the relevant industrial legislation. The Commission was satisfied that the agreement provided for proper representation of employees, included terms that were fair and reasonable, and was made in good faith. The Commission also determined that the agreement did not discriminate against any group of employees and complied with the modern awards and other applicable industrial instruments. Consequently, the Commission approved the collective agreement, allowing it to take effect from the date of the decision.

The Fair Work Commission approved the Safe-T-Pro Services (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The decision was based on the finding that the agreement met the requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009, and was fair and reasonable for both employees and the employer.

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