Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4593)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 12 DECEMBER 2024

Application for approval of the Auswide Scaffolding NSW Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Auswide Scaffolding NSW 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 12 December 2024 and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Auswide Scaffolding NSW Pty Ltd, with a focus on the approval of a collective agreement for the period 2024-2027. The matter was heard in the Fair Work Commission (FWC), a tribunal established under the Fair Work Act 2009, tasked with resolving employment disputes and promoting fair and efficient workplaces. The primary concern was whether the collective agreement, which was negotiated between the parties, met the legal standards and requirements for approval under the Act.

The central legal issue before the FWC was whether the collective agreement was appropriate for endorsement. This involved assessing whether the agreement was in the best interests of the employees, contained appropriate provisions for fair and efficient workplaces, and adhered to the relevant provisions of the Fair Work Act. The FWC needed to determine whether the terms of the agreement were fair and reasonable, and if they complied with the statutory obligations, including provisions relating to minimum wages and conditions, dispute resolution, and the protection of employee rights.

In its decision, the FWC examined the contents of the agreement and considered the submissions from both parties. The Commission found that the agreement contained provisions that were fair and reasonable, and that it met the necessary legal standards for approval. The FWC noted that the agreement included provisions that addressed key employment issues, such as wages, hours of work, and dispute resolution mechanisms, and that these provisions were consistent with the broader objectives of the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees and was appropriate for endorsement.

The FWC approved the Auswide Scaffolding NSW Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to the terms and conditions outlined in the agreement. The decision emphasised the importance of ensuring that collective agreements promote fair and efficient workplaces, and that they provide a fair and reasonable outcome for all parties involved. The approval of this agreement sets a precedent for similar collective agreements in the industry, highlighting the importance of fair and balanced negotiations and the role of the FWC in endorsing agreements that meet the legal standards.

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