Construction, Forestry and Maritime Employees Union

[2024] FWCA 1320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1137)

MARVELDALE PTY LTD T/AS EAST COAST CONCRETE CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 APRIL 2024

Application for approval of the Marveldale Pty Ltd T/As East Coast Concrete Contractors and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Marveldale Pty Ltd T/As East Coast Concrete Contractors 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 the 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 25 April 2025. 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 matter before the court involved the Construction, Forestry and Maritime Employees Union and Marveldale Pty Ltd trading as East Coast Concrete Contractors. The Union sought approval for a collective agreement for the period 2023-2027. The court was tasked with determining whether the terms of the agreement met the necessary legal standards for approval under the applicable industrial relations legislation.

The central legal issue before the court was whether the terms of the proposed collective agreement between the Union and Marveldale Pty Ltd were fair and reasonable, and whether they complied with the requirements of the relevant industrial relations laws. This included assessing whether the agreement provided adequate protections and benefits for the employees, and whether it balanced the interests of both the employer and the employees.

In reaching its decision, the court examined the terms of the proposed agreement in detail, considering the specific provisions related to wages, hours of work, leave entitlements, and other employment conditions. The court found that the agreement was fair and reasonable and complied with all legal requirements. The court also noted the extensive negotiations and consultation process that had taken place between the Union and Marveldale Pty Ltd, which demonstrated a balanced approach to the agreement. The court concluded that the proposed agreement met the necessary standards for approval.

The court approved the collective agreement, finding that it provided fair and reasonable terms for the employees and balanced the interests of both parties. The court's decision was based on the comprehensive analysis of the agreement's terms and the evidence of the negotiation process. The final order was that the collective agreement between the Union and Marveldale Pty Ltd be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established