Construction, Forestry and Maritime Employees Union

[2024] FWCA 4442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4601)

BRAJKOVICH CONTRACTING PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Brajkovich Contracting Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027.

An application has been made for approval of a greenfields agreement known as the Brajkovich Contracting Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186, 187, 193 and 193A 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 CFMEU 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 CFMEU and that the Agreement covers this 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 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the applicant sought approval of a collective agreement with Brajkovich Contracting Pty Ltd. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The union aimed to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009, which would allow it to govern employment terms and conditions for workers within the specified period.

The central legal issue was whether the agreement met the requirements for approval under the Act. The tribunal had to determine if the agreement contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and if it had been made genuinely and freely without any undue influence or coercion. Additionally, the court needed to assess if the agreement provided for effective dispute resolution mechanisms.

The tribunal approved the agreement, finding that it contained all the mandated minimum terms and conditions and was free from any procedural flaws. The agreement was deemed to have been made genuinely and without coercion, with appropriate provisions for dispute resolution. Consequently, the Fair Work Commission granted the application for approval, thereby registering the agreement as a certified agreement under the Fair Work Act. The tribunal did not make any specific orders beyond approving the agreement.

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