Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2504)

MENARD GEOTECHNICAL SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JULY 2024

Application for approval of the Menard Geotechnical Solutions Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Menard Geotechnical Solutions Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 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 Construction, Forestry and Maritime Employees Union (CFMEU) filed an application for approval of a collective agreement with Menard Geotechnical Solutions Pty Ltd for the years 2023 to 2027. The matter was heard by the Fair Work Commission, which had jurisdiction to approve the agreement under the Fair Work Act 2009. The nature of the dispute was whether the proposed agreement met the legal criteria for approval, including compliance with the good faith bargaining requirements and adherence to the relevant provisions of the Act.

The legal issues that the Commission needed to decide included whether the bargaining process was conducted in good faith, if the agreement was made without coercion, and whether the terms of the agreement complied with the provisions of the Act. The CFMEU argued that the agreement was the result of genuine negotiations and that it met all the statutory requirements. Menard Geotechnical Solutions Pty Ltd, on the other hand, raised concerns about certain provisions of the agreement and questioned the bargaining process.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It found that the bargaining process was conducted in good faith, and there was no evidence of coercion. The Commission also determined that the terms of the agreement were consistent with the requirements of the Act. The Commission approved the Menard Geotechnical Solutions Pty Ltd and CFMEU Union Collective Agreement 2023-2027, finding that it met all the necessary criteria for approval.

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