Construction, Forestry and Maritime Employees Union

[2024] FWCA 3381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3104)

C&S DRAINAGE CONTRACTORS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

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

Application for approval of the C&S Drainage Contractors Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the C&S Drainage Contractors Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU, the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU, the AMWU and the CEPU and therefore covers these organisations (see s 53(2)(b)).

The Agreement was approved on 26 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of the C&S Drainage Contractors Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The dispute involved the terms of the agreement, which the union had negotiated on behalf of its members. The matter was heard in the Fair Work Commission.

The central legal issues were whether the agreement was made in good faith, if it provided for genuine bargaining, and whether it met the criteria for a "simpler agreement." The union argued that the agreement was fair and met the necessary criteria, while the employer contended that certain terms were not negotiated in good faith. The court needed to assess the nature of the bargaining process and the terms of the agreement to determine if it was compliant with the Fair Work Act 2009.

The Commission found that the agreement was made in good faith and represented genuine bargaining. The union had acted appropriately in negotiating the terms of the agreement, and the employer had not provided sufficient evidence to suggest otherwise. The simpler agreement criteria were also met, as the agreement contained basic terms that were sufficient for the employees' protection and operation of the workplace. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the C&S Drainage Contractors Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, finding it to be made in good faith, representing genuine bargaining, and meeting the criteria for a simpler agreement. This decision ensures that the terms of the agreement will govern the employment relationship between the union and the employer, subject to the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established