Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3862)

SYDNEY FORMWORK SOLUTIONS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 OCTOBER 2024

Application for approval of the Sydney Formwork Solutions Pty Ltd/ CFMEU Collective Agreement 2024-2027

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

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry and Maritime Employees Union sought approval of a collective agreement between itself and Sydney Formwork Solutions Pty Ltd. The agreement was for the period 2024-2027. The application was brought before the Federal Court of Australia. The central issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for a "single interest employer bargaining agreement" and if it complied with the "better off overall test".

The court examined the agreement to ascertain whether it met the definition of a "single interest employer bargaining agreement" under the Act. It considered whether the employer, Sydney Formwork Solutions Pty Ltd, had a single interest that was distinct from other employers in the industry. The court also assessed whether the agreement provided for conditions that were no less favourable than the applicable award or safety net award. Furthermore, the court evaluated if the agreement was "better off overall" for the employees by considering the overall balance of advantages and disadvantages for the employees in comparison to the applicable safety net award. After a thorough analysis, the court concluded that the agreement met all the statutory requirements and was therefore approved.

The Federal Court found in favour of the union and granted approval of the collective agreement. The court was satisfied that the agreement was a single interest employer bargaining agreement and complied with the better off overall test. The union's application was thus successful. The court's decision provides clarity for future collective bargaining agreements in this industry and reinforces the importance of meeting statutory requirements for approval.

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