Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3888)

YAGA CORPORATION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2024

Application for approval of the YAGA Corporation 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 YAGA Corporation 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 notice of employee representational rights (NERR) that was given to employees was not in the prescribed form, nor was the NERR provided to employees within 14 days of notification time. However, I am satisfied that these constitute minor procedural or technical errors 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 errors. 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

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 22 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for a collective agreement between itself and the YAGA Corporation Pty Ltd for the period 2024-2027. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically addressing the rights and obligations of both parties during the specified timeframe. The Fair Work Commission was tasked with evaluating whether the agreement met the necessary legal standards and requirements under the Fair Work Act 2009.

The key legal issues before the Commission involved the scrutiny of various provisions within the agreement to ensure compliance with the Fair Work Act and the principles of good faith bargaining. The Commission had to determine whether the agreement was made in good faith and whether it adhered to the provisions set out in the Act, particularly regarding the protection of employees' rights and the avoidance of any undue detriment to employees. The Commission also considered the balance between the parties' bargaining power and the enforceability of the agreement.

After careful consideration of the arguments presented by both parties, the Commission concluded that the agreement substantially met the requirements of the Fair Work Act. The Commission found that the agreement was made in good faith and did not result in any undue detriment to the employees. The terms of the agreement were deemed fair and balanced, providing adequate protections and rights to both the employer and the employees. As such, the Commission approved the proposed collective agreement, ensuring that it would be legally binding upon the parties.

The final orders of the Commission were to approve the YAGA Corporation Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to the terms and conditions outlined in the agreement. This decision ensures that the agreement will be in effect from the specified period and will govern the relationship between the employer and the employees under the Fair Work Act. The approval of this agreement is a significant step in maintaining fair and equitable terms for all parties involved.

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