Construction, Forestry and Maritime Employees Union

[2024] FWCA 4342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4661)

GPS FORMWORK PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 DECEMBER 2024

Application for approval of the GPS Formwork Py Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the GPS Formwork 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). It has been made by 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 13 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry and Maritime Employees Union, the Court considered an application for the approval of a collective agreement between the GPS Formwork Py Ltd and the CFMEU Union for the years 2023 to 2027. The application was made under the Fair Work Act 2009, specifically section 235, which allows for the approval of enterprise agreements that have been fairly negotiated and meet certain criteria.

The central legal issues the Court needed to address were whether the agreement had been fairly negotiated and whether it contained the necessary provisions for its approval. This included assessing whether the agreement had been made in good faith and whether it provided for the terms and conditions of employment, including wages and hours of work, in a manner consistent with the principles of the Fair Work Act.

The Court examined the process by which the agreement was negotiated, the content of the agreement, and the adherence to the legal standards set out in the Fair Work Act. The Court determined that the agreement had been fairly negotiated and contained all the required provisions. It concluded that the agreement met the criteria for approval under section 235 of the Fair Work Act. The Court approved the collective agreement, ensuring that it would become legally binding between GPS Formwork Py Ltd and the CFMEU Union for the specified period.

The Court's decision was based on a comprehensive review of the negotiation process and the contents of the agreement, confirming that it met the statutory requirements for approval. The final order was that the GPS Formwork Py Ltd and CFMEU Union Collective Agreement 2023-2027 was approved and would be registered as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established