Construction, Forestry and Maritime Employees Union

[2024] FWCA 4549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4768)

AUSRISE INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 DECEMBER 2024

Application for approval of the Ausrise Installations Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Ausrise Installations Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, acting as the representative for certain employees, lodged an application with the Fair Work Commission for the approval of a collective agreement with Ausrise Installations Pty Ltd, covering the period 2024 to 2027. The application was heard and determined by Commissioner Ryan, who was tasked with deciding whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issue was whether the proposed agreement complied with the provisions of section 234 of the Act, which sets out the criteria for the approval of enterprise agreements.

Commissioner Ryan examined the agreement in detail, focusing on whether it provided for a modern industrial relationship, improved productivity, and a fair and efficient workplace. The Commissioner also considered whether the agreement contained terms that were in the best interests of the employees it covered, and whether it complied with the good faith bargaining requirements. After careful analysis, Commissioner Ryan found that the agreement met all the statutory criteria and contained provisions that were beneficial to the employees, including provisions on pay rates, leave entitlements, and dispute resolution mechanisms. The agreement was thus approved by the Commission.

In approving the agreement, the Commissioner noted that it contained a range of provisions that were beneficial to the employees, and that the bargaining process had been conducted in good faith. The agreement was found to meet all the requirements of the Fair Work Act, and was therefore approved by the Commission. The final orders of the Commission included the approval of the Ausrise Installations Pty Ltd / CFMEU Collective Agreement 2024-2027, which will now be binding on the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established