Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/384)

HOIST TORQUE AUSTRALIA PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Hoist Torque Australia Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Hoist Torque Australia Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 25 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval for a collective agreement with Hoist Torque Australia Pty Ltd, covering the period from 2024 to 2027. The application was brought before the Fair Work Commission, a tribunal with jurisdiction over workplace relations matters in Australia. The Union argued that the proposed agreement was fair and reasonable, reflecting the terms and conditions of employment agreed upon by the parties.

The legal issues before the Commission centred on whether the agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely bargained, fair, and met the standards of procedural fairness and good faith. The Union contended that the agreement was the product of good faith negotiations and contained terms that were fair and reasonable in all respects.

The Commission examined the evidence presented by both parties and considered the principles of fairness and reasonableness in collective bargaining. The Union provided documentation and witness statements that demonstrated the agreement was negotiated in good faith and reflected the terms agreed upon by both parties. The Commission was satisfied that the agreement met the necessary criteria for approval. It found that the terms were fair and reasonable, and the agreement was genuinely bargained between the parties.

The Fair Work Commission approved the Hoist Torque Australia Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027. The decision was made on the basis that the agreement met the statutory requirements and was fair and reasonable in all respects. The Commission noted that the agreement reflected the terms and conditions of employment agreed upon by the parties, and was the product of genuine negotiations in good faith.

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