Construction, Forestry and Maritime Employees Union

[2024] FWCA 3389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3529)

HMB SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the HMB Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the HMB Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 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 26 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by HMB Services Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of the Builder Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements and provided for fair terms and conditions of employment.

The court was tasked with determining whether the agreement satisfied the criteria for approval under section 231 of the Fair Work Act. This included assessing whether the agreement had been made freely and fairly, whether it complied with the provisions regarding the protection of employees' rights and interests, and whether it included provisions for dispute resolution mechanisms. The court also considered whether the agreement met the specific requirements outlined in section 235 of the Act, which deals with the bargaining scope and the need for majority support from the relevant employees.

In its decision, the court found that the agreement was appropriately negotiated and met all statutory requirements. The court noted that the agreement contained provisions for the fair treatment of employees, including adequate minimum wages, leave entitlements, and protections against unfair dismissal. The court was satisfied that the agreement provided for effective dispute resolution mechanisms and that there was sufficient support from the relevant employees. As a result, the court approved the agreement, confirming that it met the necessary standards for fair and effective enterprise agreements.

The final orders of the court were that the Builder Enterprise Agreement 2024-2027 between HMB Services Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved as a registered agreement under the Fair Work Act 2009. The court also noted that the agreement would be listed on the Register of Approved Enterprise Agreements, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established