Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3286)

HICKORY HR UNIT TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 27 SEPTEMBER 2024

Application for approval of the Hickory HR Unit Trust (The Trustee For) and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Hickory HR Unit Trust (The Trustee For) and the CFMEU (Victorian Construction and General Division) Builder Enterprise 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 4 October 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry and Maritime Employees Union, applied for approval of the proposed agreement between the Hickory HR Unit Trust and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027. The matter was heard by the Fair Work Commission, presided over by Deputy President A. H. T. Johnson. The central legal issues involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on whether it was in the best interests of the employees, and whether it complied with relevant laws and regulations.

The court examined whether the agreement provided fair and reasonable terms for the employees, ensuring that it was not worse off than under the previous agreement or applicable awards. It also assessed whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for good faith bargaining. The court considered the submissions from both parties and the broader implications of the agreement for the industry and the employees involved.

Deputy President Johnson concluded that the proposed agreement met the necessary criteria for approval. The agreement was deemed to be in the best interests of the employees as it provided fair and reasonable terms without making them worse off. The court found that the agreement was compliant with the Fair Work Act and that the bargaining process was conducted in good faith. Consequently, the Fair Work Commission approved the agreement, recognising its benefits for the employees and the industry.

The final orders of the Fair Work Commission were that the proposed agreement, the Hickory HR Unit Trust and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027, was approved and would come into effect on the date specified in the agreement. This decision was significant in setting terms and conditions for the employees involved and provided a framework for future negotiations within the industry.

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