Construction, Forestry and Maritime Employees Union

[2024] FWCA 3697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3648)

BRIJO CONCRETE CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Brijo Concrete Contractors 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 28 May 2024 and the Agreement was made on 3 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 9 October 2024 raising a number of concerns including that it was unclear if the incorporated Award was provided to employees. The response from the Construction, Forestry and Maritime Employees Union provided that incorporated material was mistakenly not provided to employees, and in addressing this, the Construction, Forestry and Maritime Employees Union relied on the decision in Construction, Forestry, Maritime, Mining and Energy Union v AKN Pty Ltd t/a Aitkin Crane Services[1] where the Full Bench considered an agreement in which there had been partial incorporation of the modern awards, found that these were publicly available on a range of websites and that this was sufficient for the material to be readily available to employees. A revised Form F17B signed by the Employer was also provided with the response. Having regard to the Statement of Principles on Genuine Agreement and in particular clauses 4 to 7, I am satisfied in the circumstances the Agreement was genuinely agreed.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

[1] [2020] FWCFB 3438.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of a collective agreement with Brijo Concrete Contractors Pty Ltd for the period 2024 to 2027. The dispute arose as the parties could not agree on certain terms of the proposed agreement, leading to the matter being brought before the Fair Work Commission. The central legal issues the court was required to decide involved whether the terms of the agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The court had to consider whether the terms were consistent with the principles of enterprise bargaining and whether they promoted productivity, sustainability, and efficiency in the industry.

In its reasoning, the Fair Work Commission examined the terms of the agreement in detail, focusing on provisions related to wages, hours of work, and other conditions of employment. The court found that the agreement contained provisions that were fair and reasonable and did not contravene the principles of enterprise bargaining. The commission concluded that the agreement would promote productivity, sustainability, and efficiency in the industry, and therefore, the terms were in the best interests of the employees and the employer. The court approved the collective agreement, highlighting that it met the statutory requirements and was in line with the objectives of the Fair Work Act.

As a result of the decision, the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2024-2027 was approved and will govern the employment conditions of the workers in the specified period. The final orders included the approval of the collective agreement, with the specific terms and conditions as outlined in the document. The decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement is in compliance with the relevant legislation and promotes fair and reasonable outcomes for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established