Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 15

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/5139)

CONCRETE STRUCTURES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JANUARY 2025

Application for approval of the Concrete Structures Pty Limited / CFMEU Collective Agreement 2024-2027

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

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 2 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between Concrete Structures Pty Limited and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2024-2027. The application was made under the Fair Work Act 2009, seeking a determination that the agreement meets the criteria for registration and approval. The court was required to consider whether the agreement complied with the relevant provisions of the Act, including provisions relating to fair and reasonable terms and conditions of employment.

The primary legal issue before the court was whether the terms of the agreement were fair and reasonable, taking into account the need to provide for an appropriate balance of interests between the employer and the employees. The court needed to assess whether the agreement provided for a fair and reasonable balance of rights and obligations, and whether it was likely to promote harmonious, productive, and cooperative workplace relations. The court also had to consider whether the agreement provided for the fair and reasonable resolution of workplace disputes and grievances.

After reviewing the terms of the agreement and the evidence presented by both parties, the court found that the agreement met the criteria for registration and approval. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, including provisions relating to wages, working hours, leave entitlements, and dispute resolution. The court was satisfied that the agreement provided for an appropriate balance of interests between the employer and the employees, and that it was likely to promote harmonious, productive, and cooperative workplace relations. The court was also satisfied that the agreement provided for the fair and reasonable resolution of workplace disputes and grievances.

The court approved the agreement and made an order for its registration under the Fair Work Act 2009. The agreement will now be binding on all employees of Concrete Structures Pty Limited who are covered by the agreement, as well as the employer. The agreement will remain in force until the end of the specified period, or until it is varied or terminated in accordance with 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