Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4296)

COURTLY REO PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Courtly Reo Pty Limited / 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 Courtly Reo Pty Limited / 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 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 parties in this matter are Courtly Reo Pty Limited and the Construction, Forestry and Maritime Employees Union. The dispute concerns an application by the union for approval of a collective agreement between the parties for the period 2024-2027. The application was brought before the Fair Work Commission, a specialist tribunal under Australian labour law. The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a safety net for employees, included dispute resolution mechanisms, and did not contravene any provisions of the Fair Work Act.

The Fair Work Commission considered the application against the statutory criteria set out in the Fair Work Act. The union argued that the agreement was fair and reasonable and provided an adequate safety net for employees, while the company contended that certain clauses in the agreement were overly restrictive and potentially detrimental to its business operations. The Commission carefully reviewed the proposed agreement, assessing whether it complied with the legislative requirements, including provisions that ensure a safety net for employees and appropriate dispute resolution mechanisms. After weighing the arguments from both parties, the Commission concluded that the agreement did meet the statutory requirements for approval.

The Fair Work Commission approved the Courtly Reo Pty Limited / CFMEU Collective Agreement 2024-2027, finding that it provided a fair and reasonable safety net for employees and included appropriate dispute resolution mechanisms. The Commission found that while some clauses were stringent, they were not contrary to the principles of the Fair Work Act. The decision highlights the importance of collective agreements in providing a balanced framework that protects both employees and employers. The approval of this agreement sets a precedent for similar collective agreements in the industry, reinforcing the legislative intent to facilitate fair workplace practices.

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