Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2894)

ROSENLUND CONTRACTORS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union to approve the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The applicant sought the court’s approval under the relevant industrial legislation. The respondent, Rosenlund Contractors Pty Ltd, did not oppose the application but did not actively participate in the proceedings.

The primary legal issue before the court was whether the terms and conditions set out in the proposed collective agreement complied with the applicable industrial laws and whether the agreement was fairly negotiated. The court was required to consider the fairness and reasonableness of the agreement, including its compliance with the provisions of the relevant industrial legislation.

The court thoroughly examined the collective agreement, taking into account the provisions of the relevant industrial laws. It found that the agreement was negotiated in good faith and that the terms and conditions were fair and reasonable. The court was satisfied that the agreement complied with all statutory requirements and that it was in the best interests of the employees and the employer. Consequently, the court approved the collective agreement and made the necessary orders for its registration.

The court issued orders approving the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The agreement was to be registered and would take effect from the specified date, governing the employment conditions of the employees during the specified period. The court’s decision provided certainty and legal recognition to the terms of the collective agreement, ensuring that it would be binding on the parties involved.

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