Construction, Forestry and Maritime Employees Union

[2024] FWCA 4050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4074)

TSG NSW SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 20 NOVEMBER 2024

Application for approval of the TSG NSW Services Pty Ltd / CFMEU Collective Agreement 2024-2027.

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

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

While the Agreement states it ‘shall apply from the date of lodgement’, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 20 November 2024 and, in accordance with s.54, will operate from 27 November 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 matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and TSG NSW Services Pty Ltd, seeking approval for a collective agreement set to operate between 2024 and 2027. The primary focus of the dispute was the terms and conditions outlined in the proposed agreement, which the CFMEU aimed to have recognised as a lawful agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement met the statutory requirements for approval, particularly whether it contained all the prescribed minimum terms and conditions as required by the Act. Additionally, the Commission needed to determine whether the agreement was made in good faith and whether it provided for a proper and effective means of dispute resolution. The Commission also had to consider whether the agreement complied with the good faith bargaining requirements and the statutory obligations imposed by the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the collective agreement contained all the prescribed minimum terms and conditions and met the statutory requirements for approval. The Commission concluded that the agreement was made in good faith, as evidenced by the bargaining process and the willingness of both parties to reach a resolution. Furthermore, the Commission held that the agreement provided for an effective means of dispute resolution, ensuring that any future disputes could be resolved efficiently and fairly. Based on these findings, the Commission approved the collective agreement, recognising it as a lawful agreement under the Fair Work Act.

The Commission's decision resulted in the approval of the TSG NSW Services Pty Ltd / CFMEU Collective Agreement 2024-2027, which is now a binding instrument governing the employment conditions between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established