Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3632)

ERECT SAFE SCAFFOLDING (SYDNEY) 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 Erect Safe Scaffolding (Sydney) 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 Erect Safe Scaffolding (Sydney) 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 the Construction, Forestry and Maritime Employees Union and Erect Safe Scaffolding (Sydney) Pty Ltd. The union sought approval for a proposed collective agreement covering the period 2024 to 2027. The court was required to determine whether the agreement met the statutory requirements for approval under the relevant industrial relations legislation.

The primary legal issue before the court was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. The court had to consider several aspects, including whether the agreement covered a proper bargaining unit, whether it contained only permissible terms and conditions, and whether it had been fairly and properly negotiated.

The court examined the details of the proposed agreement, noting that it covered employees within the scaffolding industry in Sydney, which was deemed a proper bargaining unit. The agreement contained terms and conditions that were within the permissible scope, including provisions on wages, hours of work, leave, and other employment conditions. The court was satisfied that the agreement had been negotiated in good faith and without any undue influence or coercion. As a result, the court approved the collective agreement, confirming its compliance with the necessary legal requirements.

The court's decision was to grant the union's application for approval of the proposed collective agreement between the Construction, Forestry and Maritime Employees Union and Erect Safe Scaffolding (Sydney) Pty Ltd for the period 2024 to 2027. The court's approval was based on the finding that the agreement met all statutory requirements and was fairly negotiated.

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