Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3967)

YURRINGA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL INDIGENOUS EMPLOYMENT & TRAINING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2024

Application for approval of the Yurringa Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Indigenous Employment & Training Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Yurringa Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Indigenous Employment & Training Enterprise 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 24 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for an Enterprise Agreement with Yurringa Pty Ltd, focusing on indigenous employment and training in the subcontractors' traffic control sector. The dispute centred around the terms of the proposed agreement, particularly those related to Indigenous employment, training, and associated benefits. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009, including being free from prohibited content and ensuring procedural fairness.

The primary legal issues addressed by the Commission involved assessing whether the agreement adhered to the legislative requirements and if it was negotiated fairly. This included scrutinising the terms regarding Indigenous employment and training, ensuring they were not misleading or coercive. The Commission also had to verify if the necessary procedural steps were followed in the negotiation process, including adequate consultation and provision of information to the parties involved.

The Commission found that the agreement was largely compliant with the relevant legislative framework. It was noted that the agreement contained provisions that were beneficial for Indigenous employees and aimed at promoting their employment and training in the subcontractors' traffic control sector. The Commission acknowledged the procedural fairness of the negotiation process, recognising the efforts made by both parties to ensure meaningful consultation and information exchange. Consequently, the Commission approved the agreement, highlighting its positive impact on Indigenous employment and training in the specified industry.

The final orders of the Commission were to approve the Yurringa Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Indigenous Employment & Training Enterprise Agreement 2024-2027, effective from the date of the decision. The Commission's approval was contingent upon the agreement being registered with the Fair Work Commission, ensuring it is legally binding and enforceable.

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