Construction, Forestry and Maritime Employees Union

[2024] FWCA 4651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5069)

HARKNESS CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Harkness Construction Pty Ltd and CFMEU Union Collective Agreement 2023–2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Harkness Construction Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 23 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of the Harkness Construction Pty Ltd and CFMEU Union Collective Agreement 2023–2027. Harkness Construction Pty Ltd contested the application on the grounds that the agreement contained provisions which were not in the best interests of the employees. The case was heard by the Full Bench of the Fair Work Commission, which needed to decide whether the agreement was in the best interests of the employees, in line with the Fair Work Act 2009.

The legal issue at hand was whether the provisions within the collective agreement were in the best interests of the employees, in accordance with section 235 of the Fair Work Act 2009. The Commission examined the arguments put forward by both parties and considered the interests of the employees, including their welfare, safety, and overall working conditions. The Commission also assessed whether the agreement complied with relevant industrial laws and the principles of good faith bargaining.

After careful consideration of the arguments and evidence presented, the Fair Work Commission found that the provisions within the collective agreement were indeed in the best interests of the employees. The Commission concluded that the agreement balanced the rights and interests of both the employer and employees, and that it complied with the requirements of the Fair Work Act 2009. As a result, the application for approval of the Harkness Construction Pty Ltd and CFMEU Union Collective Agreement 2023–2027 was approved.

The Fair Work Commission approved the Harkness Construction Pty Ltd and CFMEU Union Collective Agreement 2023–2027, finding it to be in the best interests of the employees and in compliance with the Fair Work Act 2009. This decision sets an important precedent for future collective agreements and ensures that the interests of both employers and employees are taken into account in the collective bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established