Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2872)

MARR CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024 - 2027

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

Application for approval of the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Marr Contracting 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 the Construction, Forestry and Maritime Employees Union (CFMEU) and Marr Contracting Pty Ltd. The dispute centred around the approval of a collective agreement that had been negotiated between the two parties for the period 2024 to 2027. The court was required to determine whether the terms and conditions outlined in the collective agreement met the statutory requirements for approval under the applicable industrial relations legislation.

The primary legal issues addressed by the court were whether the collective agreement contained terms that were fair and reasonable, complied with the relevant industrial relations laws, and whether it adequately balanced the rights and interests of both the employer and the employees. The court also had to consider if the agreement was negotiated in good faith and if it provided for an effective dispute resolution process.

The court meticulously examined the provisions of the collective agreement, weighing the arguments presented by both parties. It found that the agreement contained terms that were fair and reasonable, and that it complied with the statutory requirements. The court was satisfied that the agreement had been negotiated in good faith and provided for an effective dispute resolution process. Consequently, the court approved the collective agreement, acknowledging that it balanced the interests of both the employer and the employees.

The court's final order was the approval of the Marr Contracting Pty Ltd / CFMEU Collective Agreement 2024-2027, recognising its compliance with the statutory requirements and its fairness in terms of balancing the interests of both parties. The agreement was thus approved and authorised under the relevant industrial relations legislation.

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