Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/4897)

ENVIRO-ACOUSTICS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Enviro-Acoustics Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Enviro-Acoustics 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 17 December 2024.

On 18 December 2024, 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 7 January 2025, the Applicant provided a statutory declaration of Anthony Sloane and supporting material which resolved the pre-approval concerns about the method and conduct of the vote.

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

The case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between Enviro-Acoustics Pty Ltd and the union for the period 2024-2027. The application was heard by the Fair Work Commission (FWC) in Australia. The primary issue before the FWC was whether the collective agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was a genuinely agreed and certified agreement that provided for fair and reasonable terms and conditions of employment.

The FWC considered whether the agreement had been genuinely negotiated and whether it provided for fair and reasonable terms and conditions. The court examined the process of negotiation and whether it involved genuine bargaining between the parties. The FWC also assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account factors such as the nature of the industry, the economic circumstances, and the interests of the employees.

After reviewing the evidence and submissions from both parties, the FWC determined that the agreement had been genuinely negotiated and that it provided for fair and reasonable terms and conditions. The FWC noted the thorough process of negotiation and the consideration of various factors that influenced the agreement. The FWC concluded that the agreement met the statutory requirements for approval and granted the application for the collective agreement to be registered.

The FWC approved the Enviro-Acoustics Pty Ltd / CFMEU Collective Agreement 2024-2027, confirming its registration under the Fair Work Act 2009. The decision affirmed the validity of the agreement and its terms and conditions, providing certainty for both the employer and the employees covered by the agreement.

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