2Construct Pty Ltd

[2024] FWCA 3396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

2Construct Pty Ltd

(AG2024/3580)

2CONSTRUCT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2024

Application for approval of the 2Construct Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

2Construct Pty Ltd has made an application for approval of an enterprise agreement known as the 2Construct Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 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 Construction, Forestry and Maritime Employees Union (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 30 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between 2Construct Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, the federal workplace relations tribunal. The central issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including the criteria for good faith bargaining and whether the agreement was in the best interests of the employees.

The Commission examined the process of bargaining, the content of the agreement, and the evidence presented by both parties. It considered whether the agreement was made in good faith and whether it provided for fair and reasonable terms for the employees. The Commission also assessed whether the agreement covered essential matters as required by the Act and whether it provided for proper dispute resolution mechanisms.

After reviewing the evidence and submissions, the Commission determined that the enterprise agreement met the statutory requirements. It found that the agreement was made in good faith, contained fair and reasonable terms, and provided for proper dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees and approved it under the Act.

The Commission made an order approving the 2Construct Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027. The agreement was registered with the Fair Work Commission and became legally binding on the parties from the date of approval. The decision provided clarity on the requirements for approving enterprise agreements and reinforced the importance of good faith bargaining and fair terms for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established