Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4320)

CABRAL INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 DECEMBER 2024

Application for approval of the CABRAL INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the CABRAL INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise 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 Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

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 9 December 2024 and, in accordance with s.54 of the Act, will operate from 16 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 matter before the Fair Work Commission involved an application for approval of the proposed Cabral Industries Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027. The dispute centred around whether the terms of the proposed agreement complied with the provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity of the agreement in light of the legislative requirements and the parties' obligations under the act.

The primary legal issues addressed by the Commission involved the compliance of the proposed enterprise agreement with the Fair Work Act, including whether the agreement met the genuine bargaining requirement, whether it contained the minimum terms and conditions mandated by the Act, and whether it was consistent with the overarching objectives of the Fair Work Act to promote cooperative and productive workplace relations. The Commission also needed to consider if the agreement provided fair terms and conditions for the employees covered by the agreement and whether it adhered to the principles of procedural fairness.

Upon reviewing the application, the Commission found that the proposed agreement did meet the requirements of the Fair Work Act. The Commission determined that the agreement was the product of genuine bargaining between the parties, that it contained all the prescribed minimum terms and conditions, and that it did not contravene the objectives of the Act. Furthermore, the Commission was satisfied that the agreement provided fair terms and conditions for the employees involved and that the process leading to its creation was procedurally fair. Consequently, the Fair Work Commission approved the proposed agreement.

The Fair Work Commission ordered that the proposed Cabral Industries Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027 be approved and registered under the Fair Work Act 2009. This decision will now govern the terms and conditions of employment for the employees within the scope of the agreement for the duration specified in the agreement.

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