Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3897)

MARSH HEIGHT SAFETY (AUST) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2024

Application for approval of the Marsh Height Safety (Aust) 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 Marsh Height Safety (Aust) 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 24 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has recently addressed an application for the approval of a collective agreement between the Marsh Height Safety (Aust) Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2023–2027. The application was brought before the Commission by the CFMEU, seeking formal endorsement of the terms and conditions outlined in the collective agreement. The Commission was tasked with ensuring that the agreement met the legal requirements set forth in the Fair Work Act 2009 and served the interests of both the employees and the employer.

The central legal issues before the Commission involved assessing whether the collective agreement was made in good faith, whether it provided for the efficient, productive, and flexible operation of the employer's business, and whether it included appropriate mechanisms for resolving workplace disputes. Furthermore, the Commission had to determine if the agreement's terms were consistent with the Fair Work Act's objectives and principles, such as promoting harmonious, productive, and cooperative workplace relations.

After careful consideration of the evidence presented by both parties and the relevant legal frameworks, the Commission concluded that the collective agreement met all the statutory criteria for approval. The Commission found that the agreement was made in good faith and provided for the efficient and productive operation of the employer's business. The agreement also included appropriate dispute resolution mechanisms and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the collective agreement between Marsh Height Safety (Aust) Pty Ltd and the CFMEU for the period 2023–2027.

As a result of the Commission's approval, the collective agreement is now formally endorsed and will govern the employment terms and conditions for the employees of Marsh Height Safety (Aust) Pty Ltd during the specified period. The decision reinforces the importance of good faith negotiations and the need for collective agreements to support productive and cooperative workplace relations.

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