Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4552)

SAVCON PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Savcon 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 Savcon 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 28 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval for a collective agreement between Savcon Pty Ltd and the CFMEU, covering the period from 2024 to 2027. The application was brought before the relevant tribunal, which needed to determine whether the agreement complied with relevant industrial laws and regulations. The agreement addressed various aspects of employment, including wages, working conditions, and dispute resolution mechanisms.

The court was required to decide if the collective agreement was consistent with applicable industrial legislation and if it provided a fair and equitable framework for both parties. Key issues included whether the agreement adhered to minimum wage standards, occupational health and safety regulations, and if it provided adequate protection for employee rights and employer obligations. The court also examined whether the agreement's terms were reasonable and in line with broader economic and social policies.

The tribunal found that the collective agreement was comprehensive and adhered to the relevant industrial laws. It satisfied the criteria for approval, including fair representation of the parties' interests, compliance with minimum wage and occupational health and safety standards, and reasonable provisions for dispute resolution. The tribunal approved the agreement, recognising its balanced approach to addressing the needs of both employers and employees.

No further orders were made beyond the approval of the agreement. The court's decision was final, and the agreement could now be implemented between Savcon Pty Ltd and the CFMEU for the specified period.

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