Construction, Forestry and Maritime Employees Union

[2024] FWCA 4383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4750)

HEINRICH CONSTRUCTIONS AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 DECEMBER 2024

Application for approval of the Heinrich Constructions Australia 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 Heinrich Constructions Australia Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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 10 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the 2023–2027 Collective Agreement between Heinrich Constructions Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU). The union sought the court's endorsement of the agreement, which was aimed at setting out the terms and conditions of employment for employees working under the agreement. The matter was heard in the Fair Work Commission, a tribunal with specific jurisdiction over employment-related disputes and matters.

The court was tasked with determining whether the agreement met the legal requirements for approval. This included assessing whether the agreement was made in good faith, whether it provided for the proper negotiation process, and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. Additionally, the court had to consider whether the agreement complied with the public interest considerations, such as ensuring that it did not undermine industrial harmony or the broader economy.

In examining the agreement, the court found that the negotiation process had been conducted in good faith and that all necessary minimum terms were included. The court also determined that the agreement did not negatively impact industrial harmony or the economy. Based on these findings, the court approved the agreement, noting that it provided fair and reasonable terms for both the union and the employer. The court's decision was made in the interest of ensuring a balanced and harmonious industrial relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established