Construction, Forestry and Maritime Employees Union

[2025] FWCA 640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/254)

PRESTON HIRE (WA) PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 19 FEBRUARY 2025

Application for approval of the Preston Hire (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027

An application has been made for approval of a single enterprise agreement (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

There is an obvious error in the title of the enterprise agreement in clause 1. As such, I sought confirmation from the parties as to whether they had any objections to the Commission exercising the discretion conferred on it by s.218A(a) of the Act to vary the agreement on the Commission’s own initiative such that, consistent with the Agreement’s title page, clause 1 of the Agreement is reads as follows:

‘This agreement will be cited as the Preston Hire (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027’.

No objections to the proposed variation were raised and as such, I amend the Agreement so that clause 1 reads as indicated in the proposed variation described above. The Amendment will come into effect from the date the Agreement commences operation, being 26 February 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry and Maritime Employees Union (WA) for approval of a proposed collective agreement between itself and Preston Hire (WA) Pty Ltd. The agreement, spanning from 2024 to 2027, sought to regulate the employment terms and conditions for workers within the maritime industry in Western Australia. The application was heard by the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve such agreements.

The court was tasked with determining whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements. Key issues included whether the agreement provided fair and reasonable terms and conditions, whether it adhered to the Fair Work Act's provisions, and whether it complied with the Commission's guidelines for collective agreements. The court also needed to consider whether the agreement included adequate provisions for dispute resolution and whether it appropriately balanced the interests of both employers and employees.

In reaching its decision, the Commission thoroughly examined the provisions of the proposed agreement and the submissions from both parties. It found that the agreement contained terms that were fair and reasonable for the employees, provided adequate dispute resolution mechanisms, and complied with the statutory requirements. The Commission was satisfied that the agreement appropriately balanced the interests of both the union and the employer, ensuring that it was in the best interests of the employees. Based on these findings, the Commission approved the proposed collective agreement.

The Fair Work Commission approved the Preston Hire (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024 – 2027, subject to the terms and conditions outlined in the agreement. This decision ensures that the employment terms and conditions for workers within the maritime industry in Western Australia are regulated by a fair and reasonable agreement, which adequately balances the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established