Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4009)

G & H PLANT HIRE PTY LTD T/AS G & H CIVIL CONTRACTORS AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027 (PILING)

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 OCTOBER 2024

Application for approval of the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors and CFMEU Union Collective Agreement 2023–2027 (Piling)

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors and CFMEU Union Collective Agreement 2023–2027 (Piling) (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 30 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and G & H Plant Hire Pty Ltd trading as G & H Civil Contractors. The agreement, titled the "CFMEU Union Collective Agreement 2023–2027 (Piling)", was brought before the Fair Work Commission for determination. The applicants sought the commission's approval of the agreement, which would then be registered with the Fair Work Commission. The nature of the dispute was the need for a legal determination on whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed collective agreement was a "registered agreement" as defined in the Fair Work Act. The commission had to consider whether the agreement was made in good faith, was not discriminatory, and was made in accordance with the relevant provisions of the act. Additionally, the commission needed to ensure the agreement complied with the national system's objectives, which included facilitating high levels of employment and industrial peace.

In determining the application, the commission examined the evidence and submissions provided by both parties. The commission considered the nature of the agreement, the process by which it was negotiated, and the terms and conditions it contained. The commission found that the agreement was made in good faith, was not discriminatory, and complied with the relevant provisions of the Fair Work Act. The commission also found that the agreement facilitated high levels of employment and industrial peace. As a result, the commission approved the proposed agreement and registered it with the Fair Work Commission.

The commission's final order was that the "CFMEU Union Collective Agreement 2023–2027 (Piling)" be approved and registered with the Fair Work Commission. This decision provided legal certainty for the parties and ensured that the agreement would be binding on all employees and employers covered by it. The outcome of the case demonstrated the commission's commitment to facilitating industrial peace and promoting high levels of employment in the construction industry.

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