Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4913)

AUSWIDE SCAFFOLDING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Auswide Scaffolding Services Pty Ltd / 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 Auswide Scaffolding Services Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 20 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry and Maritime Employees Union (CFMEU) and Auswide Scaffolding Services Pty Ltd, where the CFMEU applied for approval of a collective agreement between the two parties for the period 2024-2027. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning its compliance with the good faith bargaining provisions and other statutory criteria for approval.

The Commission considered whether the agreement demonstrated good faith bargaining and whether it was made in accordance with the provisions of the Act. The Commission also examined if the agreement provided for fair and reasonable terms and conditions, including remuneration, working conditions, and dispute resolution mechanisms. The CFMEU argued that the agreement was the result of genuine negotiations and was fair and reasonable for the employees, while Auswide Scaffolding Services Pty Ltd contested certain provisions, asserting they were unreasonable or not the product of good faith bargaining.

The Commission found that the agreement did reflect genuine negotiations and was fair and reasonable for the employees. The Commission noted that the agreement contained provisions that were in line with industry standards and provided for adequate protections and benefits for the employees. The Commission also found that the bargaining process was conducted in good faith, with both parties engaging in meaningful discussions and reaching a consensus on the terms. Consequently, the Commission approved the collective agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission approved the Auswide Scaffolding Services Pty Ltd / CFMEU Collective Agreement 2024-2027, finding it to be the product of good faith bargaining and fair and reasonable for the employees.

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