Construction, Forestry and Maritime Employees Union

[2024] FWCA 3765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4018)

ALL HOIST RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 OCTOBER 2024

Application for approval of the All Hoist Rigging 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 All Hoist Rigging 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 29 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFME Union) applied to the Fair Work Commission for approval of a collective agreement with All Hoist Rigging Pty Ltd (All Hoist). The agreement contained terms and conditions of employment for employees of All Hoist. The CFMEU Union sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, and if it was made in good faith and without coercion. The Commission also had to consider whether the agreement complied with the procedural requirements for registration.

The Fair Work Commission found that the agreement was in the best interests of the employees and was made in good faith. The Commission was satisfied that the agreement complied with the procedural requirements for registration. The Commission found that the agreement was consistent with the principles of the Fair Work Act and the Fair Work Regulations. The Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the All Hoist Rigging Pty Ltd and CFMEU Union Collective Agreement 2023–2027 as a registered agreement under the Fair Work Act. The agreement will now be binding on All Hoist and its employees for the period of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established