Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2349)

G-FORCE RECRUITMENT LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) GEELONG CONVENTION & EXHIBITION CENTRE (GCEC) PROJECT TRADE APPRENTICE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 AUGUST 2024

Application for approval of the G-Force Recruitment Ltd and the CFMEU (Victorian Construction and General Division) Geelong Convention & Exhibition Centre (GCEC) Project Trade Apprentice Enterprise Agreement 2020-2023

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the G-Force Recruitment Ltd and the CFMEU (Victorian Construction and General Division) Geelong Convention & Exhibition Centre (GCEC) Project Trade Apprentice Enterprise Agreement 2020-2023 (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 all the material before the Commission, including the information contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application for approval has been met. The Commission is therefore required by s 186(1) of the Act to approve the Agreement. Pursuant to s 201(1), I note that the model flexibility term is taken to be a term of the Agreement. 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 201(2), I note that the Agreement covers the CFMEU. The Agreement was approved on 7 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the G-Force Recruitment Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Geelong Convention & Exhibition Centre (GCEC) Project Trade Apprentice Enterprise Agreement 2020-2023, the Fair Work Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009. The agreement was submitted for approval by the union and the employer, seeking to establish terms and conditions of employment for trade apprentices engaged in the GCEC Project. The union and employer argued that the agreement was appropriate and fair, while no other party contested the agreement.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, specifically section 230, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. The Commission needed to assess the agreement against these statutory criteria, considering the nature of the enterprise, the bargaining process, and the content of the agreement. The Commission also had to ensure that the agreement did not contravene any other provisions of the Fair Work Act or public policy.

After reviewing the evidence and submissions, the Fair Work Commission found that the agreement was appropriate and met the criteria set out in the Fair Work Act. The Commission noted that the agreement was the product of good faith bargaining between the parties and contained terms that were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate terms and conditions for the employees covered by it, and did not contravene any statutory provisions or public policy. Consequently, the Commission approved the agreement, recognising its validity and enforceability.

The final orders of the Commission were that the Geelong Convention & Exhibition Centre (GCEC) Project Trade Apprentice Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act. The agreement would then be binding on the employer, the union, and all employees covered by it, providing a framework for their employment terms and conditions for the duration of the agreement.

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