| [2024] FWCA 3445 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/3600)
OCC SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 2 OCTOBER 2024 |
Application for approval of the OCC Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027
The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the OCC Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control 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.
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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The 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 2 October 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526247 PR779837>
- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 3445
- Case
- [2024] FWCA 3445
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to determine included whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether the agreement addressed the relevant matters and was free from prohibited content. The court had to consider if the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the court examined whether the agreement included the necessary minimum terms as prescribed by the Fair Work Act.
The Fair Work Commission found that the proposed agreement satisfied all the legal criteria for approval. The agreement was made in good faith, contained all the required minimum terms, and was free from prohibited content. The court noted that the negotiation process was fair and that the agreement addressed all relevant matters. The Commission approved the agreement, highlighting its balanced approach to the needs of both parties and its compliance with the statutory requirements. This decision provided clarity on the procedural and substantive requirements for enterprise agreements within the construction industry.
The Fair Work Commission approved the Subcontractors Traffic Control Enterprise Agreement 2024-2027, finding it compliant with the Fair Work Act. The agreement will now be registered, providing a legally binding framework for the relationship between OCC Services Pty Ltd and the Construction, Forestry and Maritime Employees Union. This decision reinforces the importance of adherence to statutory requirements in enterprise agreements.
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