Construction, Forestry and Maritime Employees Union

[2024] FWCA 3763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4022)

THE TRUSTEE FOR THE MCBURNIE EARTHMOVING TRUST T/AS S&N MCBURNIE EARTHMOVING 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 Trustee for the McBurnie Earthmoving Trust T/As S&N McBurnie Earthmoving 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 Trustee for the McBurnie Earthmoving Trust T/As S&N McBurnie Earthmoving 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

In this matter, the applicant, The Trustee for the McBurnie Earthmoving Trust trading as S&N McBurnie Earthmoving Pty Ltd, sought approval of the proposed collective agreement between the applicant and the Construction, Forestry and Maritime Employees Union (CFMEU). The matter was heard in the Fair Work Commission. The key legal issue before the Commission was whether the proposed agreement, which had been the subject of negotiations between the parties, was in the best interests of the employees and the business. The applicant argued that the agreement would benefit both the business and its employees by providing for fair and reasonable terms of employment, while the CFMEU contended that certain provisions of the agreement were not in the best interests of the employees.

The Commission examined the proposed agreement in detail and considered the evidence and submissions from both parties. It found that the agreement contained provisions that were in the best interests of the employees and the business, such as provisions for fair and reasonable terms of employment, dispute resolution mechanisms, and provisions for the protection of employees' health and safety. The Commission also found that the agreement provided for a fair and reasonable balance between the interests of the parties, and that it was likely to promote the economic prosperity of the business and the welfare of the employees.

In light of the above, the Commission approved the proposed agreement and made an order approving the agreement as a registered agreement. The Commission also made orders setting out the terms and conditions of the agreement, including provisions for the payment of wages and other benefits, the protection of employees' health and safety, and the resolution of disputes between the parties. The orders are binding on the parties and their employees and will remain in effect until the end of the agreement's term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established