Construction, Forestry and Maritime Employees Union

[2024] FWCA 4204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3989)

AUSTRALIAN POST-TENSIONING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Australian Post-Tensioning Pty. Ltd. / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Australian Post-Tensioning 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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for a collective agreement with Australian Post-Tensioning Pty. Ltd. for the period 2024-2027. The nature of the dispute was primarily centred around the terms and conditions of employment, including wages, hours of work, and other entitlements. The Commission was tasked with ensuring that the agreement was in line with the relevant labour laws and fair work principles.

The legal issues before the Commission included whether the proposed agreement adequately met the criteria for being deemed a "modern award" under the Fair Work Act 2009, whether it provided fair and reasonable terms for both employees and employers, and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement included provisions that were discriminatory or otherwise contrary to the public interest.

After thorough examination of the agreement and the submissions from both parties, the Commission found that the proposed collective agreement met the necessary standards. The Commission highlighted that the agreement provided fair and reasonable terms for both employees and employers, and it contained appropriate dispute resolution mechanisms. It also ensured that no terms were discriminatory and that they were consistent with the public interest. The Commission concluded that the agreement was in line with the principles of the Fair Work Act and granted approval for the proposed collective agreement.

The Commission’s decision confirmed the approval of the Australian Post-Tensioning Pty. Ltd. / CFMEU Collective Agreement 2024-2027, effective from the date of the decision. The agreement was deemed to provide a fair and balanced set of terms for the employees, while also ensuring that the rights and obligations of the employer were adequately protected. This outcome provides certainty and stability for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established