Construction, Forestry and Maritime Employees Union v AMES (Cyclone) Summary

[2025] FWC 971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.236 - Application for a majority support determination

Construction, Forestry and Maritime Employees Union
v

AMES (Cyclone)

(B2025/534)

DEPUTY PRESIDENT CROSS

SYDNEY, 17 APRIL 2025

AMES (Cyclone) Grafton

The Construction, Forestry and Maritime Employees Union (the CFMEU) made an application (the Application) to the Fair Work Commission (the Commission) for a Majority Support Determination. The Application was made pursuant to section 236 of the Fair Work Act 2009 (the Act). The Application sought a determination in respect to members of the CFMEU employed by AMES (Cyclone) (the Employer) and employed in positions that would otherwise be covered by the Timber Industry Award 2020 and/or the Manufacturing and Associated Industries and Occupations Award 2020.

The CFMEU submitted that copy of a petition of relevant employees clearly established that a majority of relevant employees sought to bargain for a proposed agreement.

The Employer agreed to provide the Commission with a list of employees who are employed in positions identified in the Application, in order to allow the Commission to assess whether those employees who had signed the petition of relevant employees represented a majority of the employees to be covered by the proposed agreement.

Having compared the petition of relevant employees, the list of employees, and the response of the Employer, I am satisfied that:

(a) a majority of the relevant employees want to bargain:
(b) the employer has not yet agreed to bargain:
(c) the group that comprises the relevant employees has been fairly chosen and:
(d) that it is reasonable in all circumstances to make the Majority Support Determination.

Consequently, the Commission has separately issued a Majority Support Determination.

This Majority Support Determination operates on and from today, 17 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (the Commission) was presented with an application by the Construction, Forestry and Maritime Employees Union (the CFMEU) for a Majority Support Determination under the Fair Work Act 2009. The application was directed at AMES (Cyclone) (the Employer), seeking a determination in respect of the employees employed in positions covered by the Timber Industry Award 2020 and/or the Manufacturing and Associated Industries and Occupations Award 2020. The CFMEU argued that the petition of relevant employees demonstrated a majority seeking to bargain for a proposed agreement. The Employer provided a list of employees for the Commission to assess the petition against.

The central legal issues the Commission had to decide were whether a majority of relevant employees wanted to bargain, whether the Employer had agreed to bargain, whether the group comprising the relevant employees had been fairly chosen, and whether it was reasonable in all circumstances to make the Majority Support Determination. The Commission's task was to compare the petition of relevant employees, the Employer's list of employees, and the Employer's response to ascertain the validity of the petition. The Deputy President found that the petition established a clear majority of relevant employees wanting to bargain, the Employer had not yet agreed to bargain, the group comprising relevant employees had been fairly chosen, and it was reasonable to issue the Majority Support Determination.

The Deputy President concluded that the CFMEU's petition had demonstrated a clear majority of employees seeking to bargain, as evidenced by the comparison with the Employer's list. The Employer had not contested the petition, and therefore agreed to the list. The Deputy President determined that the group of relevant employees had been fairly chosen, and it was reasonable to issue the Majority Support Determination in all circumstances. Consequently, the Commission issued the Majority Support Determination, which took effect from 17 April 2025. This decision legally recognises the CFMEU's authority to negotiate on behalf of the majority of relevant employees.

Construction, Forestry and Maritime Employees Union v AMES (Cyclone)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established