Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2890)

HJK QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building and Construction Industry
COMMISSIONER MATHESON	SYDNEY, 21 OCTOBER 2024

Application for approval of the HJK QLD PTY LTD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the HJK QLD PTY LTD and CFMEU Union Collective Agreement 2023–2027 (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).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

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

Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers that organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of the HJK QLD PTY LTD and CFMEU Union Collective Agreement 2023–2027. The applicant was a registered union, and the respondent was a company registered under the Corporations Act 2001. The dispute centred around the terms of the proposed agreement, which the parties had negotiated in good faith. The matter was heard by Deputy President Dr. E.M. Harrison.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act 2009. The applicant argued that the terms of the agreement were fair and reasonable, and that the process leading up to its negotiation was conducted in good faith. The respondent raised concerns about certain provisions of the agreement, arguing that they were not fair and reasonable and did not meet the requirements of the Act. The Commission had to consider the evidence and submissions from both parties to determine whether the agreement was fair and reasonable.

The Commission found that the agreement was fair and reasonable, and met the requirements of section 230 of the Act. The Deputy President noted that the agreement contained a range of provisions that were in line with industry standards and practices. The Deputy President also found that the process leading up to the negotiation of the agreement was conducted in good faith, and that the parties had made a genuine effort to reach an agreement. The Deputy President approved the agreement, finding that it was fair and reasonable and met the requirements of the Act.

The Fair Work Commission approved the HJK QLD PTY LTD and CFMEU Union Collective Agreement 2023–2027. The Deputy President found that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009. The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are protected and that the parties can now proceed with the implementation of the agreement.

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