Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4079)

ESTIMATE FORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the Estimate Form Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Estimate Form 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 29 November 2024 and, in accordance with s.54 of the Act, will operate from 6 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

The case before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Estimate Form Pty Ltd. The union sought approval of a collective agreement between the two parties for the period 2024-2027. The legal dispute centred on whether the proposed agreement complied with the necessary legislative requirements and whether it was in the best interests of the employees represented by the union.

The court was tasked with determining whether the agreement met the necessary criteria for approval under relevant industrial relations legislation. Key issues included whether the agreement contained all the mandatory terms required by law, whether the union had genuinely negotiated the agreement with the employer, and whether the agreement was fair and reasonable for the employees. The court also had to assess if the agreement was consistent with public policy and the broader industrial relations framework.

The court examined the terms of the agreement and found that it included all mandatory terms required by law. It was established that the union had genuinely negotiated the agreement with the employer, and the court considered the agreement to be fair and reasonable for the employees. The court further determined that the agreement did not contravene any public policy considerations and aligned with the overall industrial relations objectives. Based on these findings, the court approved the collective agreement.

The final order of the court was the approval of the Estimate Form Pty Ltd / CFMEU Collective Agreement 2024-2027, confirming its compliance with the relevant industrial relations legislation and its suitability for the employees it covers.

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