Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2888)

HINDMARSH CONSTRUCTION AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 3 OCTOBER 2024

Application for approval of the Hindmarsh Construction Australia Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Hindmarsh Construction Australia Pty Ltd / CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

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 Hindmarsh Construction Australia Pty Ltd / CFMEU Collective Agreement 2024-2027. The application was brought under the Fair Work Act 2009, seeking a determination that the agreement meets the requirements for registration and approval as a registered agreement under the Act.

The primary legal issue the Court had to address was whether the collective agreement satisfied all the statutory conditions for approval. Specifically, the Court needed to determine whether the agreement was made in good faith, was not compulsory, and was not discriminatory. Furthermore, the Court had to assess if the agreement contained the necessary provisions to ensure it complied with the objectives of the Fair Work Act.

The Court found that the agreement had been made in good faith and was not compulsory or discriminatory. It noted that the agreement contained all the prescribed minimum terms and conditions, including provisions for wages, hours of work, and other employment conditions. The Court also considered that the agreement was not contrary to the objectives of the Act, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Court approved the agreement, finding it to be in accordance with the requirements of the Fair Work Act.

The Court ordered that the Hindmarsh Construction Australia Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for 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