Construction, Forestry and Maritime Employees Union

[2024] FWCA 4319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4683)

TYRONE GROUP AND CFMEU (WA) (BRICKLAYING) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 DECEMBER 2024

Application for approval of the Tyrone Group and CFMEU (WA) (Bricklaying) Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Tyrone Group and CFMEU (WA) (Bricklaying) Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 5 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the Tyrone Group and CFMEU (WA) (Bricklaying) Collective Agreement 2024-2027. The Tyrone Group, an employer in the bricklaying sector, had entered into the agreement with the CFMEU, which sought to regulate various employment terms and conditions for bricklayers. The union argued that the agreement was fair and met the necessary criteria for approval under the Fair Work Act.

The legal issues before the Commission centred on whether the collective agreement complied with the requirements of the Fair Work Act, specifically sections concerning the fairness of the agreement, the process by which it was made, and its alignment with the broader objectives of the Act. The Commission had to consider whether the agreement provided for procedural fairness, was free from coercion or undue influence, and was made in good faith. Additionally, the Commission assessed whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the industry and the bargaining power of the parties.

In rendering its decision, the Fair Work Commission examined the submissions from both parties and the terms of the collective agreement. The Commission found that the agreement was made in good faith and was procedurally fair, as it followed the necessary bargaining processes and provided for appropriate consultation between the parties. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the specific needs and circumstances of the bricklaying industry. Consequently, the Commission approved the Tyrone Group and CFMEU (WA) (Bricklaying) Collective Agreement 2024-2027, finding it met the necessary statutory criteria.

The final orders of the Commission were to approve the collective agreement, effective from the date of the decision. This approval meant that the agreement would be binding on the parties and enforceable under the Fair Work Act. The decision underscored the importance of fair and reasonable terms and conditions in collective agreements, while also recognising the need for procedural fairness and good faith bargaining in the process of agreement-making.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established