Construction, Forestry and Maritime Employees Union

[2024] FWCA 707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/301)

BRISCUT PTY LTD T/AS CUT AND CORE QLD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 FEBRUARY 2024

Application for approval of the Briscut Pty Ltd T/As Cut and Core QLD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Briscut Pty Ltd T/As Cut and Core QLD 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 1 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

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between the CFMEU and Briscut Pty Ltd trading as Cut and Core QLD. The dispute arose under the Fair Work Act 2009, focusing on the terms and conditions of employment as outlined in the proposed collective agreement for the period 2023-2027. The application was heard in the Fair Work Commission.

The central legal issue was whether the collective agreement met the requirements of section 235 of the Fair Work Act, particularly in terms of its fairness and compliance with the Fair Work (Registered Organisations) Act 2009. The court had to determine if the agreement appropriately balanced the interests of both the employer and the employees and if it complied with all relevant legislative provisions. Additionally, the court needed to ensure that the agreement did not disadvantage employees or employers unduly and was made in good faith.

After thorough examination, the Fair Work Commission found that the agreement met the statutory requirements. The Commission considered various factors, including the bargaining positions of the parties, the economic climate, and the overall fairness of the terms and conditions. The court was satisfied that the agreement was made in good faith and did not contain any provisions that were against the public interest or detrimental to the employees. The Commission approved the collective agreement, finding it to be fair and reasonable.

The Fair Work Commission's decision was that the CFMEU Union Collective Agreement 2023–2027 be approved. The Commission issued an order confirming the approval of the agreement and directed that it be registered with the Fair Work Commission. This decision provided clarity and legal certainty for both the union and the employer regarding the terms of their employment agreement 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