Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/37)

LOTOS CONCRETORS PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2025

Application for approval of the Lotos Concretors Pty. Limited / CFMEU collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Lotos Concretors Pty. Limited / CFMEU collective Agreement 2024-2027. 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 November 2024 and the Agreement was made on 18 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 30 January 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Lotos Concretors Pty. Limited, seeking approval for a proposed collective agreement for the period 2024 to 2027. The agreement, which included terms regarding wages, hours of work, and other employment conditions, was submitted for assessment under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the Act and was in the interests of employees and employers.

The legal issues central to the case revolved around whether the proposed collective agreement met the requirements set out in the Fair Work Act, including provisions related to the protection of vulnerable workers, compliance with minimum wage rates, and provisions for dispute resolution. The Commission also needed to assess whether the agreement adequately balanced the interests of both employees and employers, ensuring it was not adversely affecting the operation of businesses or the well-being of employees.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the submissions made by both parties. The Commission found that the agreement generally complied with the statutory requirements, addressing key aspects such as minimum wage standards, reasonable hours of work, and appropriate dispute resolution mechanisms. The Commission concluded that the agreement was fair and reasonable, taking into account the specific context of the industry and the bargaining positions of the parties involved. The proposed terms were deemed to be in the best interests of the employees and the employers, without unduly disadvantaging either party.

The Fair Work Commission approved the Lotos Concretors Pty. Limited / CFMEU collective agreement for the period 2024-2027, subject to its provisions being implemented in accordance with the Fair Work Act. The Commission's decision was based on a thorough assessment of the agreement's compliance with relevant legislation and its overall fairness, ensuring a balanced outcome for both employees and employers.

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