Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4232)

KOHINOR CHATSWOOD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 NOVEMBER 2024

Application for approval of the Kohinor Chatswood Pty Ltd / CFMEU 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 Kohinor Chatswood Pty Ltd / CFMEU 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 12 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for the approval of a proposed collective agreement between Kohinor Chatswood Pty Ltd and the union, set to span from 2024 to 2027. The crux of the dispute lay in the specifics of the proposed agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the necessary standards for employee protection and workplace fairness.

The central legal issues before the Commission included whether the agreement provided adequate terms and conditions for the employees, ensured a fair workplace environment, and complied with all statutory requirements. Additionally, the Commission had to assess if the agreement had been fairly negotiated and if it appropriately balanced the interests of both the employer and the employees.

In rendering its decision, the Commission examined the proposed agreement in detail, considering the submissions from both the union and the employer. It was found that the agreement met all the statutory requirements and provided a fair and balanced set of terms and conditions for the employees. The Commission concluded that the agreement was fair and had been negotiated in good faith. Consequently, the Fair Work Commission approved the Kohinor Chatswood Pty Ltd / CFMEU Collective Agreement 2024-2027, deeming it compliant with all relevant legislative standards.

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