Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4078)

SOUTHERN CROSS MASONRY CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 15 NOVEMBER 2024

Application for approval of the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Southern Cross Masonry Contractors 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 15 November 2024 and, in accordance with s.54, will operate from 22 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for a proposed collective agreement with Southern Cross Masonry Contractors Pty Ltd for the period 2024-2027. The Union argued that the proposed agreement was fair and reasonable, while the employer contended that certain provisions were excessive and not in line with industry standards. The legal issues before the Commission were whether the provisions of the agreement complied with the Fair Work Act 2009 and whether the agreement was fair and reasonable in all its terms. The Commission considered the overall fairness of the agreement, the bargaining power of the parties, and the balance of the terms and conditions proposed. It held that while some provisions were excessive, the overall agreement was fair and reasonable, taking into account the parties' relative bargaining power and the industry context. The Commission approved the agreement with some modifications to address the employer's concerns. The Union and the employer were directed to implement the modified agreement as a binding instrument.

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