Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4763)

READY CUT CONCRETE SAWING & DRILLING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 DECEMBER 2024

Application for approval of the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The Agreement was made on 28 November 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and the Ready Cut Concrete Sawing & Drilling Pty Ltd. The union sought approval for a proposed collective agreement, which outlined terms and conditions of employment for workers in the concrete sawing and drilling industry over a period from 2023 to 2027. The application for approval was made under relevant industrial legislation, and the primary focus was on whether the agreement met the statutory requirements and standards set for collective agreements.

The court was tasked with determining whether the proposed collective agreement complied with the necessary legislative provisions and whether it adhered to the principles of fairness and reasonableness. This included examining the agreement's provisions concerning wages, working hours, leave entitlements, and other employment terms. The court also had to consider whether the agreement was consistent with broader industrial relations policies and objectives, ensuring it did not undermine industrial harmony and productivity.

In reviewing the agreement, the court considered the arguments presented by both the union and the employer, as well as the implications for the employees involved. The court found that the proposed collective agreement was comprehensive and met the legislative requirements. It was deemed to be fair and reasonable, balancing the interests of the employer and the employees. The agreement was thus approved, reflecting its compliance with the necessary standards and its contribution to maintaining industrial harmony.

The court's decision concluded with specific orders approving the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The agreement was to be registered and would take effect from the specified date, providing a stable framework for employment terms and conditions in the industry for the forthcoming years.

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