Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4057)

HAVENDEEN ROOFING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 OCTOBER 2024

Application for approval of the Havendeen Roofing 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 Havendeen Roofing 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 29 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry and Maritime Employees Union (CFMEUA) and Havendeen Roofing Pty Ltd (Havendeen), the Fair Work Commission was asked to consider the application for the approval of the Havendeen Roofing Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The CFMEUA sought the approval of the agreement as a registered agreement under the Fair Work Act 2009, arguing that it contained appropriate terms and conditions of employment that balanced the interests of the employer and employees. Havendeen opposed the application, contending that certain provisions of the agreement were not in line with the principles of enterprise bargaining and did not adequately reflect the bargaining positions of the parties.

The central legal issues before the Commission were whether the collective agreement met the requirements of the Fair Work Act, including being the product of genuine bargaining, containing appropriate terms and conditions, and not being contrary to public policy. Additionally, the Commission had to determine whether the agreement complied with the principles of enterprise bargaining and adequately reflected the bargaining positions of both parties. The Commission's task was to carefully review the content of the agreement and the bargaining process to ensure that the terms were fair and reasonable.

The Commission found that the agreement was the product of genuine bargaining, as both parties had engaged in negotiations in good faith, with sufficient information and resources to reach a mutually acceptable outcome. The Commission determined that the terms of the agreement were appropriate and not contrary to public policy. The Commission also held that the agreement reflected the bargaining positions of both parties, with the terms and conditions being a fair reflection of the compromise reached during the negotiations. Consequently, the Commission approved the Havendeen Roofing Pty Ltd and CFMEU Union Collective Agreement 2023–2027, recognising it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Havendeen Roofing Pty Ltd and CFMEU Union Collective Agreement 2023–2027 as a registered agreement, effective from 1 July 2023. The Commission found that the agreement met the requirements of the Fair Work Act, was the product of genuine bargaining, and contained appropriate terms and conditions of employment. The approval of the agreement will now govern the employment relationship between Havendeen and the employees covered by the agreement for the specified period.

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