Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4336)

RAG FACADES PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 NOVEMBER 2024

Application for approval of the RAG Facades Pty Ltd and CFMEU (WA) 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 RAG Facades Pty Ltd and CFMEU (WA) 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.

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 21 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and RAG Facades Pty Ltd, with the union seeking approval of the Collective Agreement 2024-2027. The central dispute centred around the terms and conditions proposed in the collective agreement, including wages, hours, and other employment-related matters. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed terms and conditions within the collective agreement were fair and reasonable and whether they complied with the provisions of the Fair Work Act. This required the Commission to assess the balance of rights and obligations between the parties and consider the broader implications for the workforce, including any potential impact on the fairness and efficiency of the workplace.

The Fair Work Commission considered the evidence and submissions from both parties, focusing on the fairness of the proposed terms and conditions. The Commission noted the union's arguments regarding the need for equitable treatment and the employer's stance on the practicality and economic viability of the proposed terms. Ultimately, the Commission found that the collective agreement, as presented, was fair and reasonable, meeting the statutory criteria for approval. The Commission acknowledged the union's position while also considering the employer's need to manage the business effectively.

The Fair Work Commission approved the RAG Facades Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027, effective from the date of the decision. The terms of the agreement, including wages, hours, and other conditions of employment, were deemed fair and reasonable, and compliant with the Fair Work Act. This decision provided clarity and certainty for both parties moving forward, ensuring that the agreement would govern the employment relationship during 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