Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3713)

AUSTRAL SF GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Austral SF Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Austral SF Group Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 12 August 2024 and the Agreement was made on 4 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

Correspondence was sent to the Employer and Construction, Forestry and Maritime Employees Union on 10 October 2024 raising some concerns including that it appeared employees were not notified of the method of the vote. The Construction, Forestry and Maritime Employees Union responded on 29 October 2024 and provided that while employees were not notified of the method of the vote, the employees were represented throughout the bargaining by an experienced bargaining representative in the Construction, Forestry and Maritime Employees Union and had been involved in voting for an enterprise agreement previously using the same show of hands method. The response also provided that there was no disadvantage to the employees by not being informed of the method of the vote, noting that the time and place of the vote were clearly communicated to the employees. A revised Form F17B signed by the Employer was also provided. Having regard to the Statement of Principles on Genuine Agreement and in particular clause 16, I am satisfied in the circumstances that employees were provided with a reasonable opportunity to vote on the Agreement in a free and informed manner and the Agreement was genuinely agreed.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Austral SF Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for the years 2024 to 2027. The Commission was tasked with assessing whether the agreement met the legal requirements for approval, including that it complied with the Fair Work Act 2009 and the relevant industrial instruments. The application was brought by the CFMEU, representing the employees, and opposed by the employer, Austral SF Group.

The legal issues before the Commission centred on whether the collective agreement provided for a fair and reasonable balance between the rights and interests of the employer and the employees. This included scrutiny of whether the agreement adhered to the provisions of the Fair Work Act, particularly in relation to minimum entitlements, dispute resolution mechanisms, and procedural fairness. The Commission also examined whether the agreement was in line with the relevant industrial awards and whether it appropriately addressed the needs and expectations of both parties.

The Commission found that the collective agreement was fair and reasonable, providing an appropriate balance between the rights and interests of both the employer and the employees. The agreement was deemed to comply with the Fair Work Act and the relevant industrial instruments. It provided for minimum entitlements, effective dispute resolution mechanisms, and procedural fairness. The Commission considered the evidence and submissions presented by both parties and concluded that the agreement met the necessary criteria for approval. Therefore, the application for approval was successful.

The final orders of the Commission included the approval of the collective agreement between the Austral SF Group Pty Ltd and the CFMEU for the period 2024 to 2027, subject to the terms and conditions outlined in the agreement. The Commission also directed that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision. The decision was made in accordance with the provisions of the Fair Work Act and relevant industrial instruments.

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