Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1676)

HIGH SECURE DOORS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER SIMPSON	BRISBANE, 29 MAY 2024

Application for approval of the High Secure Doors PTY LTD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the High Secure Doors 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry and Maritime Employees Union.

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. In particular, I am satisfied that the Construction, Forestry and Maritime Employees Union is 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 June 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 case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of the High Secure Doors PTY LTD and CFMEU Union Collective Agreement 2023–2027. The matter was heard in the Fair Work Commission (FWC), where the primary dispute was about the appropriateness and fairness of the proposed agreement in terms of its compliance with Australian labour laws and regulations.

The central legal issues revolved around the validity of the collective agreement under the Fair Work Act 2009. The court needed to determine whether the agreement met the criteria for approval, including its alignment with the principles of enterprise flexibility, the protection of employees' rights, and adherence to procedural fairness. A key concern was whether the agreement was negotiated in good faith and whether it provided adequate protections for employees.

The FWC examined the collective agreement in detail, assessing its provisions against statutory requirements and existing legal precedents. The court considered submissions from both the CFMEU and High Secure Doors PTY LTD, along with evidence regarding the negotiation process and the content of the agreement. Ultimately, the FWC found that the agreement was fair and appropriate, meeting all necessary criteria for approval. The decision was grounded in the comprehensive nature of the agreement, its alignment with broader labour market principles, and the evidence of good faith negotiations.

In conclusion, the FWC approved the High Secure Doors PTY LTD and CFMEU Union Collective Agreement 2023–2027. This decision was based on the determination that the agreement was fair and met all statutory requirements, providing adequate protections and flexibility for the involved parties.

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