Construction, Forestry and Maritime Employees Union

[2024] FWCA 4595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4908)

APEX WELDING & STEEL FABRICATION PTY LTD ATF JOHN & MARIA GALGANO FAMILY TRUST T/AS APEX WELDING & STEEL FABRICATION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the Apex Welding & Steel Fabrication Pty Ltd ATF John & Maria Galgano Family Trust T/As Apex Welding & Steel Fabrication and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 Apex Welding & Steel Fabrication Pty Ltd ATF John & Maria Galgano Family Trust T/As Apex Welding & Steel Fabrication and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 applicant, Construction, Forestry and Maritime Employees Union, sought approval for a new enterprise agreement with Apex Welding & Steel Fabrication. The agreement, which was to cover the period from 2024 to 2027, aimed to regulate the employment terms and conditions for riggers and steel erectors in the Victorian construction industry. The case was heard in the Fair Work Commission, Australia's independent statutory body responsible for resolving workplace disputes and overseeing the operation of the Fair Work Act 2009.

The legal issues central to the case involved whether the proposed agreement met the requirements under the Fair Work Act and the Fair Work Regulations 2009. Specifically, the court had to determine if the agreement was made in good faith, was fair and reasonable, and complied with the procedural requirements for enterprise agreements. The court also examined whether the agreement provided for appropriate protections for employees and adequately balanced the interests of both employers and employees.

The Fair Work Commission found that the agreement was made in good faith and met the procedural requirements set forth in the Fair Work Act. The commission concluded that the proposed terms were fair and reasonable, taking into account the needs of both parties and the broader implications for the industry. The agreement provided for adequate protections for employees, including provisions for minimum wages, working hours, and dispute resolution mechanisms. The commission also noted the parties' efforts to negotiate in good faith and their commitment to resolving issues in a collaborative manner.

The Fair Work Commission approved the enterprise agreement, confirming its compliance with the relevant legislation. The final orders of the commission mandated that the agreement would come into effect on the specified date, providing a clear framework for the employment conditions of riggers and steel erectors in the relevant industry for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established