Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2331)

HALLBERG PTY LTD AS TRUSTEE FOR D’N T RENNISON FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JULY 2024

Application for approval of the HALLBERG PTY LTD AS TRUSTEE FOR D’n T RENNISON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the HALLBERG PTY LTD AS TRUSTEE FOR D’n T RENNISON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 (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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 15 July 2024. The nominal expiry date of the Agreement is 19 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the Hallberg Pty Ltd as trustee for D’n T Rennison Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The application was made under section 233 of the Fair Work Act 2009 (Cth). The primary legal issues the Court needed to address involved whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Court had to determine whether the agreement was in the public interest and whether it complied with the requirements of the Act.

The Court considered the arguments presented by both parties and examined the provisions of the proposed agreement. It found that the agreement contained terms that were in the public interest, such as those relating to occupational health and safety, which aligned with the broader goals of the Act. The Court also confirmed that the agreement complied with the statutory requirements, including the procedural fairness, good faith negotiation, and the avoidance of coercion and undue influence. The CFMEU's representation that the agreement was negotiated in good faith and without coercion was deemed credible. Therefore, the Court concluded that the agreement met the necessary criteria for approval.

The Court approved the proposed enterprise agreement, finding that it was in the public interest and complied with the Fair Work Act. This decision allowed the agreement to be registered and enforced as a binding legal document between the parties involved. The Court's decision was based on a thorough examination of the agreement's terms and the compliance with the statutory requirements set out in the Act.

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