Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 6

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/5119)

THE TRUSTEE FOR HICKORY HR UNIT TRUST T-AS HICKORY HR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JANUARY 2025

Application for approval of The Trustee for Hickory HR Unit Trust t-as Hickory HR Pty Ltd / CFMEU 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 Trustee for Hickory HR Unit Trust t-as Hickory HR Pty Ltd / CFMEU 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 2 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the CFMEU Collective Agreement 2024-2027, which was submitted by The Trustee for Hickory HR Unit Trust trading as Hickory HR Pty Ltd. The dispute centred on the specifics of the agreement, particularly whether it complied with relevant industrial relations laws and provisions. The Federal Court of Australia was tasked with reviewing the application to determine if the agreement should be certified and registered.

The court was required to consider various legal issues, including whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining the negotiation process, the terms of the agreement, and whether it adhered to the requirements of the Fair Work (Registered Organisations) Act 2009. The court also needed to assess if the agreement was fair and reasonable, taking into account the interests of both employers and employees, and whether it complied with the Fair Work Commission's guidelines.

The court found that the application met the necessary criteria for approval. The negotiation process was deemed fair, and the terms of the agreement were considered reasonable and in line with industrial relations laws. The court concluded that the agreement was compliant with the relevant statutes and did not contravene any provisions of the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009. The court was satisfied that the agreement was fair and balanced, protecting the interests of both parties involved.

The court approved the CFMEU Collective Agreement 2024-2027 and ordered its registration. The agreement was to be registered in accordance with the relevant sections of the Fair Work Act 2009. This decision ensured that the agreement would have legal effect and could be enforced as a binding contract between the parties involved.

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