Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4013)

VTC CONSULTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 OCTOBER 2024

Application for approval of the VTC Consulting Pty Ltd and CFMEU Union Collective Agreement 2023-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the VTC Consulting Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 30 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) filed an application seeking approval for the VTC Consulting Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The dispute was heard by the Fair Work Commission (FWC), which is responsible for overseeing and approving collective agreements under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while VTC Consulting Pty Ltd maintained that the agreement's terms were not excessively harsh, unreasonable, or discriminatory.

The primary legal issue before the FWC was whether the collective agreement between VTC Consulting Pty Ltd and the CFMEU met the criteria for approval under the Fair Work Act. The FWC had to determine whether the agreement was reasonably necessary for the protection of employees' rights and interests and whether it was not excessively harsh, unreasonable, or discriminatory. The FWC also had to consider whether the agreement provided for the efficient and productive operation of the employer's business and was in the national interest.

The FWC carefully examined the terms and conditions of the collective agreement, weighing the interests of both the employer and the employees. The FWC found that the agreement provided for a fair and reasonable set of terms and conditions, taking into account the needs and interests of both parties. The FWC concluded that the agreement was not excessively harsh, unreasonable, or discriminatory, and that it provided for the efficient and productive operation of VTC Consulting Pty Ltd's business. Furthermore, the FWC determined that the agreement was in the national interest and would contribute to the overall stability and productivity of the construction industry.

As a result, the FWC approved the VTC Consulting Pty Ltd and CFMEU Union Collective Agreement 2023-2027, and it became legally binding on both parties. The decision confirmed the importance of the FWC's role in overseeing and approving collective agreements to ensure that they are fair, reasonable, and in the national interest.

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