Construction, Forestry and Maritime Employees Union

[2024] FWCA 3437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3550)

ELEPHANTS FOOT WASTE COMPACTORS PTY LTD T/AS ELEPHANTS FOOT CHUTE SOLUTIONS (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 OCTOBER 2024

Application for approval of the Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions (Queens Wharf Project) Union Collective Agreement 2022

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions (Queens Wharf Project) Union Collective Agreement 2022 (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 that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error 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 error. 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 2 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for approval of the Elephants Foot Waste Compactors Pty Ltd Union Collective Agreement 2022, concerning employees at the Queens Wharf Project. The application was made under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The legal issues the court was required to decide centred on whether the collective agreement met the statutory requirements for registration and approval, particularly in relation to its coverage of employees, the process by which it was negotiated, and whether it complied with the principles of good faith bargaining and the national workplace relations system.

The court examined the negotiation process to ensure it was conducted in good faith and that the agreement was made without coercion. It also considered whether the agreement covered a sufficient number of employees to be considered a significant bargaining unit and whether it complied with the statutory provisions regarding minimum terms and conditions of employment. The court found that the agreement was negotiated in good faith and was representative of a significant bargaining unit. Additionally, the court confirmed that the agreement complied with all statutory provisions and did not undermine the national workplace relations system.

Following the analysis, the court approved the collective agreement, recognising it as a valid and legally binding document between the employer and the union. This decision was based on the comprehensive compliance of the agreement with the statutory requirements and the adherence to the principles of good faith bargaining. The final orders included the registration of the agreement and its enforcement as a legally binding contract between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established