Construction, Forestry and Maritime Employees Union

[2024] FWCA 2906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2803)

PEDERSEN INDUSTRIES MARYVALE PTY LTD AND CFMEU MANUFACTURING DIVISION AGREEMENT 2024-2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 AUGUST 2024

Application for approval of the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 14 August 2024. The nominal expiry date of the Agreement is 28 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Construction, Forestry and Maritime Employees Union, the applicant sought approval for the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2024-2026. The matter was heard in the Fair Work Commission, with the primary focus on the terms and conditions of employment outlined in the proposed agreement. The respondents to the application included Pedersen Industries Maryvale Pty Ltd and the relevant employees who were to be covered by the agreement.

The legal issues central to the court's decision revolved around whether the agreement complied with the applicable provisions of the Fair Work Act 2009, including the requirement for the agreement to be in the best interests of the employees it covers. This involved examining if the agreement provided fair and reasonable terms, whether it offered adequate protections for employees, and if the process by which the agreement was formed was fair and appropriate.

The Commission found that the agreement met all the necessary statutory requirements. It was determined that the agreement was in the best interests of the employees, providing them with fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement was formed through a fair process and provided adequate protections for employees. Consequently, the Commission approved the agreement as per the application.

The final orders of the Commission included the approval of the Pedersen Industries Maryvale Pty Ltd and CFMEU Manufacturing Division Agreement 2024-2026, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions of the employees for the specified period, as outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established