Construction, Forestry and Maritime Employees Union

[2024] FWCA 3826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3938)

VARI TRAFFIC NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 NOVEMBER 2024

Application for approval of the Vari Traffic NSW 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 Vari Traffic NSW 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 1 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of a collective agreement with Vari Traffic NSW Pty Ltd, covering the period 2024-2027. The dispute was adjudicated in the Fair Work Commission, Australia’s independent statutory body established under the Fair Work Act 2009. The union sought the Commission's endorsement of the agreement, which aimed to set out the terms and conditions of employment for workers within the specified period.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements under the Fair Work Act. This involved examining whether the agreement contained all necessary provisions, including minimum wages, penalty rates, leave entitlements, and other employment terms as stipulated by the Act. The Commission also considered whether the agreement was made in good faith and whether it adhered to the principles of procedural fairness.

In its decision, the Commission carefully analysed the contents of the agreement, scrutinising each clause to ensure compliance with the legislative framework. The Commission found that the agreement met all necessary requirements and was made in good faith. The union and the employer had demonstrated a commitment to fair and transparent bargaining processes, which was reflected in the detailed and comprehensive nature of the agreement. Consequently, the Commission approved the collective agreement, recognising its alignment with the statutory obligations and its suitability for the workers involved.

The Commission’s final order was the approval of the Vari Traffic NSW Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from the stipulated commencement date. This decision underscored the importance of adhering to legislative standards and the principles of good faith bargaining in the formation of collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established