Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4720)

DASCO AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 DECEMBER 2024

Application for approval of the Dasco Australia Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Dasco Australia 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision concerning the Construction, Forestry and Maritime Employees Union, the court was presented with an application for the approval of a collective agreement between Dasco Australia Pty Ltd and the CFMEU, covering the period from 2024 to 2027. The parties involved in the dispute were Dasco Australia Pty Ltd, an entity within the construction industry, and the Construction, Forestry and Maritime Employees Union, a recognised trade union representing the workers in the sector. The crux of the matter revolved around whether the proposed agreement met the necessary legal criteria for approval under the relevant industrial relations legislation.

The central legal issues before the court were whether the collective agreement contained all the mandatory provisions required by law and if it adhered to the procedural requirements for approval. Specifically, the court needed to assess whether the agreement was made in good faith and whether it was appropriately negotiated. Furthermore, the court had to determine if the agreement provided for the protection of workers' rights and interests in a manner consistent with the principles of the Fair Work Act 2009.

In delivering its judgment, the court meticulously reviewed the provisions of the agreement, ensuring that all mandatory terms and conditions were included. The court found that the collective agreement satisfied the requirements of the Fair Work Act, as it contained the necessary provisions and was made in good faith. The court also noted that the agreement had been negotiated appropriately, with both parties fulfilling their obligations under the law. Consequently, the court approved the collective agreement, recognising it as a valid and binding contract between Dasco Australia Pty Ltd and the CFMEU.

As a result of the court's approval, the Dasco Australia Pty Ltd / CFMEU Collective Agreement 2024-2027 has been formally recognised and will serve as the governing document for the employment terms and conditions between the company and the union for the specified period. This decision ensures that the agreement will be upheld and that any disputes arising from it will be resolved in accordance with its provisions.

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