Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2777)

TRADE GLASS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2024

Application for approval of the Trade Glass Pty Ltd 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 Trade Glass Pty Ltd 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 24 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 the Construction, Forestry and Maritime Employees Union for the approval of the Trade Glass Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The union sought the court's approval under the relevant industrial relations legislation, asserting that the agreement was fair and reasonable for the employees covered by it. The dispute centred around the union's contention that the agreement represented the employees' interests effectively and complied with all statutory requirements for approval.

The primary legal issue before the court was whether the collective agreement met the criteria for approval as stipulated in the relevant industrial relations act. This involved determining if the agreement was in good faith, whether it was fair and reasonable, and if it had been genuinely negotiated between the union and the employer. The court also needed to consider if the agreement complied with any relevant minimum standards set by the legislation.

In reaching its decision, the court carefully examined the terms of the agreement, the process through which it was negotiated, and the evidence provided by both parties. The court found that the agreement had been genuinely negotiated and represented the employees' interests fairly. It was satisfied that the terms of the agreement were reasonable and complied with all statutory requirements. Consequently, the court approved the collective agreement, affirming that it met the necessary criteria for endorsement under the industrial relations legislation.

The final orders of the court included the approval of the Trade Glass Pty Ltd and CFMEU Union Collective Agreement 2023–2027, recognising its validity and applicability to the employees covered by it. The court's decision provided clarity and legal certainty for the union and the employer, ensuring that the agreement could be implemented as intended.

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