Construction, Forestry and Maritime Employees Union

[2024] FWCA 3938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4236)

NEW DIRECTION 5 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 New Direction 5 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 New Direction 5 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

In the Federal Court of Australia, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the New Direction 5 Pty Ltd / CFMEU Collective Agreement 2024-2027. The agreement, intended to regulate employment conditions between New Direction 5 Pty Ltd and its employees represented by the CFMEU, was contested on various grounds.

The court was required to determine whether the agreement met the legal standards set by the Fair Work Act 2009, specifically focusing on whether it was a "certified agreement" as per section 174 of the Act. This involved examining whether the agreement was made in good faith and whether it contained the necessary provisions for minimum wages and conditions, as well as other mandatory terms stipulated by the legislation.

The court concluded that the agreement satisfied all the requisite criteria. It was found to be a certified agreement, as it included all mandatory terms and was made in good faith. The court was satisfied that the CFMEU had properly represented its members and that New Direction 5 Pty Ltd had engaged in negotiations in good faith. Consequently, the court approved the collective agreement.

No further orders were made by the court. The decision stands as an affirmation of the agreement's validity and compliance with federal labour laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established