| [2024] FWCA 4332 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4084)
PRIMEX SCAFFOLDING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 6 DECEMBER 2024 |
Application for approval of the Primex Scaffolding Group Pty Ltd / CFMEU Collective Agreement 2024-2027.
An application has been made for approval of an enterprise agreement known as the Primex Scaffolding Group 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) 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 6 December 2024 and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 4 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527095 PR782113>
- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 4332
- Case
- [2024] FWCA 4332
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the collective agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. The FWC had to consider whether the agreement was genuinely negotiated between the parties, whether it contained terms and conditions that were fair and reasonable, and whether it adhered to the procedural requirements outlined in the Act. The CFMEU argued that the agreement was the product of genuine bargaining and contained fair terms and conditions, while Primex Scaffolding Group Pty Ltd raised concerns about the fairness and reasonableness of certain provisions within the agreement.
The FWC concluded that the agreement was made in accordance with the Fair Work Act 2009 and was genuinely negotiated between the parties. The FWC found that the agreement contained terms and conditions that were fair and reasonable, taking into account the specific circumstances of the industry and the parties' bargaining positions. The FWC also determined that the agreement complied with the procedural requirements of the Act, including the disclosure of relevant information and the provision of a reasonable opportunity for the parties to bargain. Based on these findings, the FWC approved the collective agreement.
The FWC's approval of the Primex Scaffolding Group Pty Ltd / CFMEU Collective Agreement 2024-2027 was based on the conclusion that the agreement was genuinely negotiated, contained fair and reasonable terms and conditions, and complied with the procedural requirements of the Fair Work Act 2009. The FWC's decision provides clarity for the parties involved and sets a precedent for future collective agreements in the construction industry.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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