Construction, Forestry and Maritime Employees Union

[2024] FWCA 3731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3855)

HIGHLIGHT ALUMINIUM PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 OCTOBER 2024

Application for approval of the Highlight Aluminium Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Highlight Aluminium Pty Limited / CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application for the approval of a collective agreement between Highlight Aluminium Pty Limited and the Construction, Forestry and Maritime Employees Union for the period 2024 to 2027. The application was brought by the union, and the employer did not oppose it. The nature of the dispute was relatively straightforward, focusing on the procedural requirements for the approval of a collective agreement under the relevant industrial legislation.

The primary legal issue before the court was whether the collective agreement met the necessary procedural and substantive requirements for approval. This involved an examination of whether the agreement was made in good faith, whether it was negotiated fairly, and whether the agreement itself contained appropriate terms and conditions that complied with statutory obligations. The court was also required to consider whether the agreement adequately protected the rights of both employers and employees and whether it included provisions that were necessary for the orderly conduct of industrial relations.

The court, in considering the application, found that the collective agreement complied with all the necessary procedural and substantive requirements. The agreement was made in good faith and had been fairly negotiated. The terms and conditions were appropriate and met the statutory obligations, including those related to wages, working conditions, and other employment-related matters. The court determined that the agreement protected the rights of both parties and included necessary provisions for the orderly conduct of industrial relations. As a result, the court approved the collective agreement, finding it to be fair and reasonable.

Given the court's approval, the final orders included the formal recognition and enforcement of the Highlight Aluminium Pty Limited / CFMEU Collective Agreement 2024-2027. The agreement was to be binding on all parties involved, ensuring that the terms and conditions outlined within it would govern the employment relationship during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established