Construction, Forestry and Maritime Employees Union

[2024] FWCA 4424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4448)

LAROCCA MARBLE & GRANITE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Larocca Marble & Granite PTY LTD and CFMEU Union Collective Agreement 2023-2027.

An application has been made for approval of an enterprise agreement known as the Larocca Marble & Granite PTY LTD and CFMEU Union Collective Agreement 2023-2027 (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 11 December 2024 and, in accordance with s.54 of the Act, will operate from 18 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 Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a collective agreement between the Larocca Marble & Granite PTY LTD and the union for the period 2023-2027. The Fair Work Commission (FWC) was the court responsible for assessing the application.

The legal issues before the FWC involved whether the terms of the proposed agreement were consistent with the Fair Work Act 2009 (Cth), and whether the agreement met the criteria for approval under section 234 of the Act. This included an assessment of whether the agreement provided for a fair and efficient workplace, the terms were reasonable and necessary for the protection of employees, and if the agreement had been made in good faith and without coercion.

The FWC examined the terms of the agreement and found that it contained provisions that were fair and reasonable, and necessary for the protection of employees. The FWC also found that the agreement had been made in good faith and without coercion. The FWC approved the agreement, noting that it provided for a fair and efficient workplace, and that the terms of the agreement were consistent with the provisions of the Fair Work Act. The FWC also noted that the agreement provided for appropriate protections for employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms.

The FWC approved the Larocca Marble & Granite PTY LTD and CFMEU Union Collective Agreement 2023-2027. The approval was based on the FWC’s determination that the agreement was consistent with the Fair Work Act, and that it provided for a fair and efficient workplace, and appropriate protections for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established