Construction, Forestry and Maritime Employees Union

[2024] FWCA 3561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3643)

SCAFFCRAFT 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 Scaffcraft 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 Scaffcraft 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 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 matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of the collective agreement between Scaffcraft Pty Ltd and the CFMEU, covering the period from 2024 to 2027. The application was heard in the Fair Work Commission, where the court needed to determine if the agreement met the criteria for approval as outlined in the Fair Work Act.

The central legal issue was whether the collective agreement fulfilled the requirements for approval, including whether it provided for the resolution of workplace disputes and if it adhered to the provisions of the Fair Work Act. The court also had to consider if the agreement was made in good faith and whether it aligned with the objectives of the Act, including promoting higher wages and better working conditions.

The court evaluated the provisions of the agreement and found that it contained mechanisms for dispute resolution, which was in line with the requirements of the Fair Work Act. The court also confirmed that the agreement was made in good faith and did not contravene any provisions of the Act. As a result, the court approved the collective agreement, noting that it promoted higher wages and better working conditions for employees within the specified period.

The final orders of the court were that the Scaffcraft Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved and registered under the Fair Work Act. The court's decision was based on the evidence presented and the court's interpretation of the relevant legislation. The approval of the agreement would now allow the parties to implement the terms and conditions outlined in the agreement, subject to any further legal challenges or amendments as necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established