Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3981)

GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the GVK NSW Reo 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 GVK NSW Reo 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 30 October 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 the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2024-2027, which was lodged with the Fair Work Commission. The applicant and respondent were unable to reach an agreement on the terms of the proposed collective agreement, necessitating the intervention of the Commission. The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, and if the terms were fair and reasonable. The Commission needed to determine if the agreement was bona fide and if it complied with the requirements of the Act, including whether it contained any unlawful content.

The Commission's reasoning focused on the provisions of the Fair Work Act, particularly sections concerning the approval of collective agreements. The Commission examined the proposed terms to ensure they did not contain unlawful content, such as provisions that were contrary to public policy or that unfairly disadvantaged either party. The Commission also considered whether the agreement was negotiated in good faith and whether it provided for proper dispute resolution mechanisms. After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement was fair and reasonable, met the statutory requirements, and was in the best interests of the employees and employer.

The Fair Work Commission approved the GVK NSW Reo Pty Ltd / CFMEU Collective Agreement 2024-2027, determining it to be fair and reasonable and in compliance with the statutory requirements. The agreement was deemed to be negotiated in good faith and contained appropriate dispute resolution mechanisms. The Commission's approval ensures that the terms of the agreement will govern the employment conditions for the specified period, providing a stable framework for both parties.

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