Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4925)

SK CONSTRUCTION PACIFIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 DECEMBER 2024

Application for approval of the SK Construction Pacific Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the SK Construction Pacific Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are 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.

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 20 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, SK Construction Pacific Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), sought approval of their Builder Enterprise Agreement 2024-2027 under the Fair Work Act 2009. The agreement was put forward to the Fair Work Commission, which is responsible for the approval of such agreements. The Commission had to assess whether the agreement met the requirements for approval, including compliance with the Act, fairness, and public interest considerations.

The primary legal issue was whether the agreement was fair and met the criteria set out in the Fair Work Act. This involved examining the terms of the agreement, such as wages, conditions, and dispute resolution mechanisms, to ensure they were reasonable and fair. The Commission also needed to consider whether the agreement would have a detrimental effect on the broader economy or public interest.

The Fair Work Commission found that the agreement was fair and met all the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including wages and other benefits, and provided for effective dispute resolution mechanisms. The Commission also found that the agreement would not have a detrimental effect on the economy or the public interest. The Commission approved the agreement, allowing it to be registered and enforced as a binding enterprise agreement.

No further orders were required as the approval of the agreement was the primary outcome sought by the applicants.

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