Construction, Forestry and Maritime Employees Union

[2024] FWCA 3727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2893)

RCNT HOLDINGS PTY LTD T/AS ROSENLUND AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 OCTOBER 2024

Application for approval of the RCNT Holdings PTY LTD T/As Rosenlund and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the RCNT Holdings PTY LTD T/As Rosenlund and CFMEU Union Collective Agreement 2023–2027 (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 28 June 2024 and the Agreement was made on 22 July 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.

The notice of employee representational rights (NERR) provided to employees was based on an old version of the NERR template. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the parties involved were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RCNT Holdings PTY LTD T/As Rosenlund. The dispute centred around the application for approval of the CFMEU Union Collective Agreement 2023–2027, which was to be made effective under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues that the Commission had to address were whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act, including whether it provided for the registration of employees, included provisions for resolving disputes, and did not contravene any relevant laws or regulations. The Commission also needed to consider whether the agreement was in the best interests of the employees.

The Fair Work Commission determined that the agreement met all the necessary criteria for approval. The Commission found that the agreement provided for the registration of employees, contained provisions for resolving disputes, and did not contravene any relevant laws. Furthermore, the Commission considered that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the collective agreement, paving the way for its implementation.

The Fair Work Commission approved the Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2023–2027, confirming its validity and effectiveness. This decision ensures that the agreement can be registered and enforced, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established