Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5063)

JOINERY ELEVEN PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Joinery Eleven Pty Ltd and CFMEU Union Collective Agreement 2023–2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Joinery Eleven Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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 23 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the Joinery Eleven Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The dispute arose from the negotiation and subsequent drafting of this collective agreement which sets out the terms and conditions of employment for workers at Joinery Eleven Pty Ltd. The Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees.

The primary legal issue before the Commission was whether the collective agreement was a "direct" agreement within the meaning of the Fair Work Act. Additionally, the Commission had to assess if the agreement contained terms that complied with the provisions of the Act and the Fair Work (Registered Organisations) Act 2009, particularly in terms of industrial action provisions. Furthermore, the Commission had to consider whether the agreement was in the best interests of the employees, including their rights, benefits, and protections.

The Commission found that the agreement was a direct agreement and met the statutory requirements. It held that the terms of the agreement were fair and balanced, providing adequate protections and benefits to the employees. The industrial action provisions were deemed to be reasonable and compliant with the Act. The Commission concluded that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of terms and conditions for the workforce. The application for approval was subsequently granted, and the collective agreement was approved as a registered 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