Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/5102)

CONO SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2025

Application for approval of the Cono Services Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Cono Services Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 23 December 2024.

On 2 January 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

On 8 January 2025, the Applicant provided a statutory declaration of Anthony Sloane and submissions which resolved the pre-approval concerns identified.
In respect of notification time, it appears the Notice of Employee Representational Rights was not provided to employees within the 14-day time frame as required by s173(3) of the Act. Noting the CFMEU was the only bargaining representative, I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of the Cono Services Pty Ltd / CFMEU Collective Agreement 2024-2027. The agreement was negotiated between the union and the employer and aimed to regulate the terms and conditions of employment for workers within the specified period. The application was made under the Fair Work Act 2009, which requires that any agreement made by an employer and a union must be approved by the Commission before it can have effect.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for the protection of employees' rights and interests, whether it was made in good faith, and whether it complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive and cooperative workplace relations. Additionally, the Commission had to ensure that the agreement did not have an adverse effect on the availability of employment or on the terms and conditions of employment of other employees.

After carefully considering the evidence and submissions presented by both parties, the Commission found that the agreement met the requirements of the Fair Work Act. The agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and complied with the relevant provisions of the Act. Furthermore, the Commission found that the agreement was in the best interests of the employees and promoted harmonious, productive and cooperative workplace relations. The Commission also found that the agreement would not have an adverse effect on the availability of employment or on the terms and conditions of employment of other employees. Accordingly, the Commission approved the agreement.

The final orders of the Commission were that the Cono Services Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement will have effect from the date of the Commission's decision and will remain in force until the earlier of the date on which it is terminated in accordance with its provisions or the date on which a new agreement is registered under the Act.

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