Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 60

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4451)

THE TRUSTEE FOR SARTOR FAMILY TRUST T/AS SARTOR BRISBANE CONCRETE SERVICES AND CFMEU UNION COLLECTIVE AGREEMENT 2023 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 8 JANUARY 2025

Application for approval of The Trustee for Sartor Family Trust T/As Sartors Brisbane Concrete Services and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as The Trustee for Sartor Family Trust T/As Sartors Brisbane Concrete Services 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

The CFMEU, 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 was approved on 8 January 2025 and, in accordance with s.54 of the Act, will operate from 15 January 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the applicant sought approval of a collective agreement between The Trustee for Sartor Family Trust trading as Sartors Brisbane Concrete Services and the union. The dispute was heard in the Fair Work Commission, which is tasked with regulating industrial relations in Australia. The union argued that the proposed agreement met all necessary conditions under the Fair Work Act, and should be approved to govern the employment terms of the workers covered by the agreement.

The central legal issues the Commission had to address were whether the agreement complied with the legislative requirements for approval and whether it adhered to the principles of good faith bargaining. Specifically, the Commission needed to determine if the agreement contained all the mandated terms, if it was made in good faith, and if it was consistent with the principles of the Fair Work Act. The union contended that the agreement had been negotiated in good faith and contained all necessary terms, while the trustee argued that certain aspects of the agreement were problematic.

The Commission found that the agreement was compliant with the statutory requirements and was indeed made in good faith. The Commission emphasised that the agreement was the result of extensive and genuine negotiations between the parties. The Commission noted that all mandated terms were included in the agreement, and it adhered to the overarching principles of the Fair Work Act. Consequently, the Commission approved the collective agreement, confirming its validity and enforceability.

As a result of the Commission's decision, the agreement between The Trustee for Sartor Family Trust trading as Sartors Brisbane Concrete Services and the Construction, Forestry and Maritime Employees Union for the period 2023-2027 was formally approved and recognised as a legally binding instrument under the Fair Work 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