Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3511)

MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2024

Application for approval of the MIRVAC Constructions (Vic) Pty Limited and the CFMEU (Victorian Construction and General Division) Builder 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 MIRVAC Constructions (Vic) Pty Limited and the CFMEU (Victorian Construction and General Division) Builder 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 (NERR) 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 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 18 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and MIRVAC Constructions (Vic) Pty Limited. The dispute revolves around the approval of the Builder Enterprise Agreement for the period 2024-2027. The matter was heard in the Fair Work Commission of Australia. The CFMEU applied for the agreement's approval, which would govern the employment terms and conditions for builders employed by MIRVAC Constructions in Victoria. The legal issues before the court pertained to whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and if it was free from any unfair provisions.

The court considered whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included assessing if the agreement was made in good faith, if it covered all employees correctly classified, and if it provided adequate protections for employees. The court also examined whether the agreement contained any terms that were contrary to public policy or that were unfair to any party. The CFMEU and MIRVAC Constructions were given an opportunity to present their arguments and evidence on these issues.

After carefully reviewing the arguments and the content of the agreement, the court concluded that the Builder Enterprise Agreement 2024-2027 met the criteria for approval. The court found that the agreement was made in good faith, covered the correct classification of employees, and provided fair terms and conditions. The agreement did not contain any terms that were unfair or contrary to public policy. Consequently, the court approved the agreement, and it is now in effect. The final orders of the court confirmed the approval of the agreement and mandated its enforcement between the CFMEU and MIRVAC Constructions for the specified period.

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