Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4669)

VAUGHAN CONSTRUCTIONS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 13 DECEMBER 2024

Application for approval of the Vaughan Constructions Pty. Ltd. / CFMEU Collective Agreement 2024-2027

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

The matter was allocated to my Chambers on 3 December 2024.

Whilst I had some concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry and Maritime Employees Union for the approval of a proposed collective agreement between the Union and Vaughan Constructions Pty. Ltd. for the period of 2024-2027. The applicant sought the court's endorsement of the agreement as a lawful and binding instrument governing the terms and conditions of employment for employees within the scope of the agreement.

The primary legal issue for the court to address was whether the collective agreement complied with the relevant statutory requirements and was therefore eligible for court approval. This included examining whether the agreement was made in good faith, provided for the fair resolution of workplace disputes, and included provisions that were consistent with the overarching objectives of the Fair Work Act 2009. The court was also required to determine if the process by which the agreement was made adhered to the procedural fairness principles, ensuring that all parties had an opportunity to participate and be heard.

After thorough examination of the agreement and the processes involved in its creation, the court determined that the proposed collective agreement met the necessary legal standards. The court found that the agreement was made in good faith, contained provisions that were fair and reasonable, and complied with the statutory framework. The court was satisfied that the negotiation process was conducted with procedural fairness, providing all parties with the opportunity to engage in the process. Consequently, the court approved the agreement, endorsing it as a lawful and binding instrument under the Fair Work Act.

The court's decision resulted in the approval of the Vaughan Constructions Pty. Ltd. / CFMEU Collective Agreement 2024-2027, which now stands as a legally binding document governing the employment terms and conditions for the relevant 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