Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3979)

ANCO AUSTRALIA GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the ANCO Australia Group 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 ANCO Australia Group 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 Agreement was made within 21 days after the last notice of employee representational rights was given to employees. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(b) 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

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of a collective agreement between the CFMEU and ANCO Australia Group Pty Ltd (ANCO) for the period 2024 to 2027. The application was brought under section 232 of the Fair Work Act 2009 (Cth) and the CFMEU argued that the agreement was in the best interests of the employees. ANCO contested the application, arguing that the agreement contained provisions that were not in the best interests of the employees.

The central legal issues for the FWC to determine were whether the agreement contained provisions that were not in the best interests of the employees, and if so, whether those provisions could be severed from the agreement. The FWC needed to consider the overall fairness of the agreement, including whether it provided adequate protections for employees and whether it was in line with the principles of the Fair Work Act.

The FWC found that while the agreement contained some provisions that were not in the best interests of the employees, these provisions could be severed without affecting the overall fairness of the agreement. The FWC considered that the agreement provided adequate protections for employees and was in line with the principles of the Fair Work Act. The FWC approved the agreement, subject to the severance of the offending provisions.

The FWC's final orders were that the CFMEU/ANCO Australia Group Pty Ltd Collective Agreement 2024-2027 be approved, subject to the severance of certain provisions. The FWC also ordered that the agreement be registered on the Register of Approved Agreements.

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