Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 92

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2023/5213)

CFMEU WORKPLACE COLLECTIVE AGREEMENT 2024-2026

Clerical industry
COMMISSIONER MATHESON	SYDNEY, 9 JANUARY 2024

Application for approval of the CFMEU Workplace Collective Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the CFMEU Workplace Collective Agreement 2024-2026 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union for the approval of a workplace collective agreement for the period 2024-2026. The application was brought under the relevant provisions of the Fair Work Act 2009. The court was tasked with determining whether the proposed agreement met the statutory criteria for approval, particularly whether it provided for a fair and efficient workplace. The dispute arose due to objections from some parties who argued that the agreement did not adequately balance the interests of employers and employees.

The key legal issues before the court were whether the proposed collective agreement provided for a fair and efficient workplace, whether it complied with the statutory requirements outlined in the Fair Work Act, and whether it appropriately balanced the rights and obligations of employers and employees. The court had to consider whether the agreement contained provisions that were fair and efficient, and whether it met the standards set by the Act for workplace agreements. Additionally, the court examined whether the agreement provided adequate protections for employees while not imposing unreasonable burdens on employers.

The court carefully reviewed the provisions of the proposed agreement, considering the submissions and objections from the parties involved. It found that the agreement contained provisions that were fair and efficient and complied with the requirements of the Fair Work Act. The court determined that the agreement appropriately balanced the rights and obligations of employers and employees, providing adequate protections while not imposing unreasonable burdens on employers. Consequently, the court approved the proposed agreement, finding it met the statutory criteria for approval.

The court's decision concluded with an order approving the Construction, Forestry and Maritime Employees Union Workplace Collective Agreement 2024-2026, subject to the terms and conditions set out in the agreement. The court emphasised that the approval was contingent on the agreement being implemented in good faith and in compliance with the Fair Work Act. The court also noted that the agreement would be subject to review and potential amendment in the future, should circumstances change or new issues arise.

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