Construction, Forestry and Maritime Employees Union

[2024] FWCA 3571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3790)

MAINBRACE CONSTRUCTIONS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 OCTOBER 2024

Application for approval of the Mainbrace Constructions Pty Limited / 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 Mainbrace Constructions Pty Limited / 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 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 14 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 applied for approval of the Mainbrace Constructions Pty Limited and CFMEU Collective Agreement 2024-2027. The dispute centred around the terms and conditions of employment, including wages, hours, and other workplace standards for employees of Mainbrace Constructions Pty Limited.

The primary legal issues addressed by the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for a registered agreement. The Commission examined whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the proposed agreement met the necessary legal standards. The Commission determined that the terms and conditions were fair and reasonable, and that the agreement had been made in good faith. The Commission approved the agreement, finding that it appropriately balanced the interests of both parties. Consequently, the agreement was registered, and it will now govern the employment conditions of the relevant employees for the specified period.

The Commission's final order was the registration and approval of the Mainbrace Constructions Pty Limited and CFMEU Collective Agreement 2024-2027. This decision ensures that the agreement will come into effect and provide a framework for the employment relationship between the employer and the employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established