| [2025] FWCA 639 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/267)
HUNTWORTH AUSTRALIA PTY LTD T-AS DUNRITE LININGS / CFMEU COLLECTIVE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 18 FEBRUARY 2025 |
Application for approval of the Huntworth Australia Pty Ltd t-as Dunrite Linings / CFMEU Collective Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Huntworth Australia Pty Ltd t-as Dunrite Linings / CFMEU Collective Agreement 2024 - 2027 (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). The Agreement is a single enterprise agreement.
The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
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 25 February 2025. The nominal expiry date of the Agreement is 4 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 639
- Case
- [2025] FWCA 639
- Decision Date
CaseChat Overview and Summary
The Commission considered whether the agreement appropriately balanced the interests of the employees and the employer, ensuring that it did not unjustifiably undermine the rights of employees. The court was also required to determine if the agreement was made in good faith and whether it contained all the necessary elements required by law, including provisions for wages, hours of work, and other conditions of employment. The Commission focused on whether the agreement adhered to the standards set by the Fair Work Act, particularly in relation to its fairness and the process through which it was negotiated.
After reviewing the details of the agreement and the submissions made by both parties, the Fair Work Commission found that the proposed collective agreement was fair and met the legislative requirements. The Commission concluded that the agreement was negotiated in good faith and contained all necessary elements as prescribed by the Fair Work Act. It was determined that the agreement provided fair and reasonable terms and conditions for the employees without undermining their rights. Consequently, the Commission approved the collective agreement.
The final orders of the Commission included the approval of the Huntworth Australia Pty Ltd trading as Dunrite Linings and CFMEU Collective Agreement 2024 - 2027, effective from the date of the decision. The Commission mandated that the agreement be implemented in accordance with the Fair Work Act, ensuring that it was observed and adhered to by both the employer and the employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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