Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4000)

TOP DECK GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 NOVEMBER 2024

Application for approval of the Top Deck Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Top Deck Group Pty Ltd / CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 dates after the Agreement was made. The Commission sought submissions addressing this. Pursuant to s.185(3)(b) of the Act, in all the circumstances and having considered the submissions of the Applicant, I consider it fair to extend the time for making the application to the date it was made, being 10 October 2024, and grant the extension until this date.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of the Top Deck Group Pty Ltd / CFMEU Collective Agreement 2024-2027. The agreement, which was entered into after good faith bargaining, sets out the terms and conditions of employment for employees of Top Deck Group Pty Ltd, a company involved in the construction industry. The Commission was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act and was consistent with the objects of the Act. This included assessing whether the agreement was made in good faith, provided for a fair and efficient bargaining process, and did not include provisions that were contrary to public policy or industrial peace. The Commission also had to consider whether the agreement met the standards of procedural fairness and whether it provided for appropriate dispute resolution mechanisms.

In making its decision, the Commission examined the provisions of the agreement, the bargaining process, and the evidence presented by both parties. The Commission found that the agreement was made in good faith and was consistent with the objects of the Fair Work Act. The agreement provided for a fair and efficient bargaining process and included provisions for dispute resolution that were consistent with the Act. The Commission also found that the agreement did not include any provisions that were contrary to public policy or industrial peace. Based on these findings, the Commission approved the agreement, noting that it provided for appropriate protections for employees and recognised the need for a fair and efficient workplace.

The Commission's decision to approve the agreement was based on its finding that the agreement met the requirements of the Fair Work Act and was consistent with the objects of the Act. The Commission found that the agreement provided for appropriate protections for employees and recognised the need for a fair and efficient workplace. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and was made in good faith. The approval of the agreement was therefore in the best interests of both parties and the broader community.

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