Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4652)

MWK CIVIL & MINING PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2024

Application for approval of the MWK Civil & Mining Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the MWK Civil & Mining Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (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 Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the CFMEU are 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.

Contrary to s 205A(1) of the Act, the Agreement does not contain a delegates’ rights clause. I consider this to be an obvious error, defect of irregularity that may be corrected by a variation of the Agreement under s 218A. I have informed the employer and the union bargaining representatives for the Agreement that I propose to vary the Agreement on my own initiative to insert the delegates’ rights clause from the Building and Construction General On-site Award 2020 (Building Award) into the Agreement. The employer and the union bargaining representatives have expressed no view. I consider it appropriate to vary the Agreement to correct obvious error to insert the delegates’ rights clause from the Building Award. The varation will operate from the date of this decision.

I note that the Agreement was made with the AMWU, the CEPU and the CFMEU, and therefore covers these organisations (see s 53(2)(b)).

The Agreement was approved on 4 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the MWK Civil & Mining Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, the Construction, Forestry and Maritime Employees Union contested the application in the Fair Work Commission. The Union argued that the proposed agreement did not provide adequate protections and benefits for employees working on the Perdaman Ceres Project. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The central legal issues before the Commission involved whether the proposed agreement provided appropriate terms and conditions for the workers and whether it complied with the provisions of the Fair Work Act. Key points of contention included the provisions related to wages, working conditions, and dispute resolution mechanisms. The Union contended that the agreement failed to provide sufficient protections and benefits for employees, particularly in relation to overtime and shift penalties.

The Commission examined the agreement in detail, considering the nature of the work and the industry standards. The Commission found that the proposed agreement provided adequate terms and conditions for the employees and was in line with the Fair Work Act. The Commission concluded that the agreement met the necessary criteria for approval, balancing the interests of the employer and employees. The Commission approved the agreement, acknowledging the need for flexibility in the agreement to accommodate the unique nature of the construction project.

The Fair Work Commission approved the MWK Civil & Mining Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, finding it met the necessary criteria under the Fair Work Act. The Commission's decision emphasised the importance of balancing the interests of both employers and employees in approving such agreements. The Union's application was dismissed, and the agreement was approved as it provided adequate terms and conditions for the employees working on the project.

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