Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3506)

MELBRO EXCAVATIONS PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 OCTOBER 2024

Application for approval of the Melbro Excavations Perdaman Ceres Project Greenfields Agreement 2024

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Melbro Excavations Perdaman Ceres Project Greenfields Agreement 2024 (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, the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are 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, the AMWU and the CEPU and therefore covers these organisations (see s 53(2)(b)).

The Agreement was approved on 15 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union, which applied for approval of the Melbro Excavations Perdaman Ceres Project Greenfields Agreement 2024. The nature of the dispute was centred on whether the agreement should be approved by the Fair Work Commission under the Fair Work Act 2009. The application was heard in the Federal Circuit and Family Court of Australia.

The court had to determine whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement complied with the prescribed process and whether it was made in good faith. The court also had to consider whether the agreement was likely to have a positive effect on the employment relationship between the parties.

The court found that the agreement was made in good faith and complied with the prescribed process. It was also likely to have a positive effect on the employment relationship. The court concluded that the agreement met the requirements for approval under the Fair Work Act. The application for approval was therefore granted.

The court ordered that the Melbro Excavations Perdaman Ceres Project Greenfields Agreement 2024 be approved and registered under the Fair Work Act. The agreement would now have the force of an enterprise agreement, binding both the employer and the employees who were parties to the agreement. The decision provided clarity on the approval process for enterprise agreements and reinforced the importance of good faith bargaining in industrial 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