Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/179)

SRC BRICKLAYING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 FEBRUARY 2024

Application for approval of the SRC Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the SRC Bricklaying 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 19 February 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 Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for the approval of a proposed collective agreement with SRC Bricklaying Pty Ltd for the period 2023-2027. The primary focus of the dispute was whether the terms and conditions outlined in the collective agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of minimum wage entitlements, working conditions, and dispute resolution mechanisms.

The key legal issues that the Commission needed to address included whether the proposed agreement provided for fair and reasonable terms and conditions, ensured compliance with minimum wage rates and other statutory entitlements, and included appropriate dispute resolution processes. The Commission also had to consider whether the agreement was consistent with the principles of the national workplace relations system, including fairness and efficiency.

After reviewing the terms of the proposed agreement, the Commission found that the agreement met the statutory requirements under the Fair Work Act. The agreement provided for minimum wage rates and conditions that were consistent with the national minimum standards, and it included fair and effective dispute resolution mechanisms. The Commission also noted that the agreement had been negotiated in good faith between the parties, which was a critical factor in approving the agreement. The Commission ultimately approved the collective agreement, recognising its compliance with the necessary legal standards and its fairness to both the employer and employees.

The final order of the Commission was the approval of the SRC Bricklaying Pty Ltd and CFMEU Union Collective Agreement 2023-2027, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would apply to the employees of SRC Bricklaying Pty Ltd for the specified period, providing a stable and legally compliant framework for industrial relations between the parties.

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