Construction, Forestry and Maritime Employees Union

[2024] FWCA 63

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2023/5290)

THE TRUSTEE FOR BRISBANE PRE-CAST UNIT TRUST T/AS BRISBANE PRE-CAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 JANUARY 2024

Application for approval of The Trustee for Brisbane Pre-Cast Unit Trust T/As Brisbane Pre-Cast Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as The Trustee for Brisbane Pre-Cast Unit Trust T/As Brisbane Pre-Cast 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 15 January 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 case involved an application by the trustee for the Brisbane Pre-Cast Unit Trust, trading as Brisbane Pre-Cast Pty Ltd, and the Construction, Forestry and Maritime Employees Union (CFMEU). The parties sought approval of a collective agreement between them for the period 2023-2027. The application was brought before the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission centred on whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009. This included assessing if the agreement provided for the protection of employee rights, and if the process of negotiating the agreement was fair and in accordance with the legislative framework. Another critical issue was whether the agreement appropriately balanced the interests of both employers and employees, particularly in terms of wages, conditions, and dispute resolution mechanisms.

The Commission, after considering submissions from both parties and relevant statutory provisions, found that the proposed agreement met the necessary requirements for approval. The Commission noted that the agreement adequately safeguarded employee rights and was the product of a fair negotiation process. The terms of the agreement were deemed to appropriately balance the interests of both employers and employees. Consequently, the Commission approved the agreement, finding it to be in the best interests of the workforce and the employer.

The final orders of the Commission were that the CFMEU Union Collective Agreement 2023-2027, as submitted, be approved. The agreement was to be registered with the Fair Work Commission, thereby giving it legal effect and enforceability under the Fair Work Act. The Commission's decision concluded that the agreement was fair and appropriate, thereby resolving the application in favour of the applicant.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established