Construction, Forestry and Maritime Employees Union

[2024] FWCA 4212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4577)

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

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

Application for approval of the RS Construction Group Pty Ltd / CFMEU 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 RS Construction Group Pty Ltd / CFMEU 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 29 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, acting on behalf of its members, sought approval from the court for the RS Construction Group Pty Ltd / CFMEU Collective Agreement 2024-2027. The RS Construction Group Pty Ltd contested the application, raising concerns about certain provisions in the agreement that it argued were overly restrictive and detrimental to its business operations. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the provisions in the collective agreement were consistent with the Fair Work Act 2009, particularly in relation to employee entitlements, working conditions, and procedural fairness. The Commission also needed to consider whether the agreement provided adequate protections for both the employees and the employer, and whether it promoted fair and productive industrial relations.

The Commission examined the collective agreement clause by clause, weighing the interests of the employees and the employer. It found that while some provisions were stringent, they were necessary to ensure fair wages and working conditions for the employees. The Commission held that the overall balance of the agreement was fair and did not unduly restrict the employer's ability to conduct business. It approved the agreement, noting that any disputes arising from its implementation could be addressed through the Commission's dispute resolution processes.

The Commission's final order was the approval of the RS Construction Group Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to the terms and conditions set out in the decision. The agreement was to be binding on all parties from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established