Construction, Forestry and Maritime Employees Union

[2025] FWCA 554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/243)

DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE INDIGENOUS EMPLOYMENT & TRAINING ENTERPRISE AGREEMENT 2024-2026

Indigenous organisations and services
DEPUTY PRESIDENT BELL	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the DARDI MUNWURRO LABOUR &TRAFFIC MANAGEMENT PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026.

An application has been made for approval of an enterprise agreement known as the DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 12 February 2025 and, in accordance with s.54 of the Act, will operate from 19 February 2025. The nominal expiry date of the Agreement is 29 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) and Dardi Munwurro Labour & Traffic Management Pty Limited applied for the approval of their Enterprise Agreement under the Fair Work Act 2009. The Fair Work Commission (FWC) was the tribunal that heard and decided the application. The legal issues at the heart of the dispute revolved around whether the terms of the proposed agreement met the statutory requirements set out in the Fair Work Act, particularly with respect to the procedural fairness and substantive fairness of the agreement. Additionally, the tribunal had to consider whether the agreement complied with the minimum entitlements specified by the relevant award and if it provided for appropriate dispute resolution mechanisms.

The FWC examined the submissions and evidence provided by both parties, focusing on the negotiation process, the content of the proposed agreement, and its impact on the employees. The tribunal found that the agreement was the product of genuine negotiations between the parties and that the negotiation process was conducted fairly and in good faith. Regarding the substantive fairness, the FWC determined that the proposed agreement provided for fair and reasonable terms, taking into account the specific circumstances of the workforce. The tribunal also assessed the agreement against the minimum entitlements stipulated by the relevant award and found that it met these requirements. Furthermore, the FWC was satisfied that the agreement contained adequate provisions for the resolution of disputes.

In light of the findings, the FWC approved the proposed agreement, deeming it to be in compliance with the statutory requirements. The approval ensures that the terms of the agreement will be binding on the parties and their employees, providing a framework for fair and equitable employment conditions. The tribunal's decision was made in the spirit of promoting harmonious industrial relations and ensuring that the agreement served 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