Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2758)

ZENITH WORKFORCE AUST PTY LTD T-AS ZENCON GROUP AUST / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 OCTOBER 2024

Application for approval of the Zenith Workforce Aust Pty Ltd t-as Zencon Group Aust / 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 Zenith Workforce Aust Pty Ltd t-as Zencon Group Aust / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the FW Act).

While the application is generally in order, the notice of employee representational rights was not in the prescribed form. Further, 21 days did not elapse between the distribution of the notice and the vote. However, I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(5)(a) and that the employees are not likely to have been disadvantaged by them. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the FW Act.

Section 186(1) of the FW Act states that, if an application for the approval of an enterprise agreement is made under s 185, the Commission must approve the agreement if the requirements set out in ss 186 and 187 are met. The Commission has no residual discretion. On the basis of the material contained in the application, the accompanying declaration and additional information provided by the CFMEU, I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application have been met. The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 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 8 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) concerns the approval of a collective agreement between the Zenith Workforce Aust Pty Ltd trading as Zencon Group Aust and the Construction, Forestry and Maritime Employees Union (CFMEU). The CFMEU sought approval of the agreement under section 235 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the construction industry.

The primary legal issue for the FWC to address was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act, including whether it provided for a fair and efficient system of industrial relations. The FWC also had to determine whether the agreement contained terms that were consistent with the Fair Work Act’s objectives and protected the rights of employees and employers.

In considering the application, the FWC noted that the agreement had been negotiated in good faith and contained provisions that were fair and efficient. The FWC found that the agreement met the requirements of the Fair Work Act, including promoting higher wages and better conditions, and providing for an effective system of dispute resolution. The FWC also determined that the agreement contained provisions that were consistent with the objectives of the Fair Work Act and protected the rights of both employees and employers. Consequently, the FWC approved the collective agreement.

The FWC issued its decision on 21 February 2024, approving the Zenith Workforce Aust Pty Ltd t-as Zencon Group Aust / CFMEU Collective Agreement 2024-2027. This approval means that the agreement will govern the employment conditions for the workers covered by the agreement during the specified period.

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