Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4244)

RICHARD CROOKES CONSTRUCTIONS PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Richard Crookes Constructions Pty. Limited / CFMEU Collective Agreement 2024-2027

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

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of a collective agreement with Richard Crookes Constructions Pty. Limited for the period 2024 to 2027. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it was procedurally fair. The Commission also considered whether the agreement adequately balanced the interests of both the employer and the employees.

In examining the agreement, the Commission reviewed the process by which the agreement was negotiated, including the representation of the parties and the manner in which the negotiations were conducted. The Commission assessed the terms of the agreement against the Fair Work Act's requirements and the principles of good faith bargaining. The Commission further evaluated whether the agreement's provisions were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved.

The Fair Work Commission concluded that the agreement met all the necessary criteria. The Commission found that the agreement was made in good faith, contained the required minimum terms, and was procedurally fair. The Commission was satisfied that the agreement provided a fair and reasonable balance of the interests of both the employer and the employees. Consequently, the Commission approved the collective agreement for the period specified.

The Fair Work Commission approved the Richard Crookes Constructions Pty. Limited / CFMEU Collective Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees and employers. The approval was contingent on the agreement being implemented in accordance with the Fair Work Act and any other relevant laws.

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