Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4560)

RS CONSTRUCTION CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 DECEMBER 2024

Application for approval of the RS Construction Concrete Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the RS Construction Concrete 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 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 11 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of the RS Construction Concrete Pty Ltd / CFMEU Collective Agreement 2024-2027. The dispute centred on the terms and conditions of employment for workers under the agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for a fair and reasonable level of employee protections, including minimum wages, hours of work, and other conditions of employment. The Commission also considered whether the agreement complied with the good faith bargaining requirements and whether it aligned with the principles of the Fair Work Act.

After examining the agreement, the Commission concluded that the proposed terms and conditions were fair and reasonable. The agreement provided for minimum wages that were consistent with industry standards and provided adequate protections for employees. The Commission noted that the agreement also included provisions for reasonable working hours and other conditions that were in line with the principles of the Fair Work Act. Additionally, the Commission found that the bargaining process had been conducted in good faith and that the agreement reflected the outcomes of that process. Therefore, the Commission approved the RS Construction Concrete Pty Ltd / CFMEU Collective Agreement 2024-2027. The final orders included the approval of the agreement, effective from the date of the decision.

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