Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2717)

CAVA SCAFFOLD SOLUTIONS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 NOVEMBER 2024

Application for approval of the Cava Scaffold Solutions Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cava Scaffold Solutions Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (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 2 December 2024. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry and Maritime Employees Union, the applicant sought approval of the proposed agreement between Cava Scaffold Solutions Pty Ltd and its employees, relating to the Southern Queensland Correctional Precinct Stage 2 Project. The application was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction to resolve workplace disputes and approve enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary minimum terms and conditions, as well as examining whether the agreement had been fairly negotiated and made in good faith. Additionally, the Commission had to determine if the agreement was in compliance with the relevant provisions of the National Employment Standards.

The Commission found that the proposed agreement contained all the required minimum terms and conditions and was compliant with the National Employment Standards. The Commission was satisfied that the agreement had been fairly negotiated and made in good faith, as evidenced by the submissions and supporting documentation provided by the parties. The Commission also noted the parties' commitment to resolving any disputes through the appropriate dispute resolution processes. Therefore, the Commission approved the proposed agreement, finding it to be in accordance with the relevant statutory provisions.

The Fair Work Commission approved the Cava Scaffold Solutions Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024, effective from the date of the decision. The approval is subject to the agreement being registered with the Fair Work Commission within the specified timeframe. The parties are required to provide a copy of the registered agreement to the Fair Work Ombudsman and to inform their employees of the approved agreement.

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