CDL Constructions Pty Ltd

[2021] FWCA 6889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CDL Constructions Pty Ltd
(AG2021/8430)

CDL CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 NOVEMBER 2021

Application for approval of the CDL Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the CDL Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CDL Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the case of CDL Constructions Pty Ltd involved a dispute between the employer, CDL Constructions Pty Ltd, and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The dispute centred on the application for approval of the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement should be approved, as it would apply to various employees engaged in earthmoving, excavation, and drainage work.

The legal issues before the Fair Work Commission included whether the agreement met the statutory requirements for approval, including the provisions for the classification of employees and the terms and conditions of employment. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, including pay rates, penalties, and conditions of employment, in accordance with the Fair Work Act 2009. Additionally, the Commission considered whether the agreement was consistent with the provisions of the National Employment Standards and other relevant legislation.

In making its decision, the Fair Work Commission examined the submissions and evidence provided by both parties. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, including pay rates and conditions that were consistent with industry standards. The Commission also found that the agreement was consistent with the National Employment Standards and other relevant legislation. Based on these findings, the Commission approved the proposed agreement, subject to certain conditions.

The Fair Work Commission's final orders included the approval of the proposed enterprise agreement, with certain conditions attached. These conditions included the requirement that the agreement be implemented within a specified timeframe and that any disputes arising under the agreement be referred to the Fair Work Commission for resolution. The approval of the agreement provides certainty and stability for both the employer and employees, and ensures that they are able to operate under a fair and reasonable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established