Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3708)

ASPEC MASONRY SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 OCTOBER 2024

Application for approval of the Aspec Masonry Services 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 Aspec Masonry Services 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.

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 10 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval from the Fair Work Commission (FWC) for a collective agreement between Aspec Masonry Services Pty Ltd and the CFMEU, covering the period 2024-2027. The application for approval was made under the Fair Work Act 2009 (Cth). The primary dispute centred on whether the proposed agreement met the criteria for registration as a registered agreement, ensuring it provided for the minimum terms and conditions of employment, did not discriminate against employees, and complied with the relevant provisions of the Act.

The FWC was required to determine if the agreement met the statutory requirements for registration. Key issues included whether the agreement's provisions adequately addressed minimum wage rates, penalties for non-compliance, and the protection of employees' rights. The Commission also considered whether the agreement was consistent with the principles of the Fair Work Act, particularly in terms of promoting cooperative workplace relations and ensuring fairness in the workplace.

After reviewing the agreement and the submissions from both parties, the FWC found that the proposed collective agreement met the necessary criteria for registration. The Commission confirmed that the agreement provided for minimum terms and conditions, did not include discriminatory provisions, and adhered to the relevant statutory requirements. Consequently, the FWC approved the Aspec Masonry Services Pty Ltd / CFMEU Collective Agreement 2024-2027 for registration, enabling it to become a legally binding registered agreement between the employer and the union. The FWC's decision was based on a thorough analysis of the agreement's provisions and its alignment with the principles of the Fair Work Act.

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