Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3549)

ELEPHANTS FOOT WASTE COMPACTORS PTY LTD T/AS ELEPHANTS FOOT CHUTE SOLUTIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2024

Application for approval of the Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions and CFMEU Union Collective Agreement 2023–2027

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 and CFMEU Union Collective Agreement 2023–2027 (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 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 30 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of a collective agreement between Elephants Foot Waste Compactors Pty Ltd, trading as Elephants Foot Chute Solutions, and the Construction, Forestry and Maritime Employees Union (CFMEU). The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Union sought to have the agreement, which set out the terms and conditions of employment for its members working for the respondent, formally recognised and approved.

The central legal issues revolved around whether the agreement was made in accordance with the requirements of the Fair Work Act, particularly whether it was a "good faith" agreement. The court had to assess if the agreement was made without coercion, contained terms that were fair and reasonable, and complied with any relevant modern awards or instruments. Additionally, the court examined whether the agreement contained any provisions that were inconsistent with the Act or any relevant award.

In reaching its decision, the Commission considered the terms of the agreement and the process through which it was made. The court found that the agreement was made in good faith, with no evidence of coercion or unfairness. The terms were deemed to be reasonable and appropriate for the industry and the parties involved. The court also confirmed that the agreement did not contain any provisions that were inconsistent with the Act or any relevant award. Having satisfied itself that the agreement met all the necessary criteria, the Commission approved the collective agreement.

The Fair Work Commission granted the application and approved the Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions and CFMEU Union Collective Agreement 2023–2027. This decision formally recognised the agreement as a valid and binding instrument for the duration specified, ensuring that the terms and conditions outlined within it would govern the employment relationship between the parties for the agreed 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