Construction, Forestry and Maritime Employees Union

[2024] FWCA 2408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2241)

ARRAY LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JULY 2024

Application for approval of the ARRAY LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ARRAY LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2024. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry and Maritime Employees Union (CFMEU) and ARRAY LABOUR PTY LTD. They sought approval for a Subcontractors Formwork Enterprise Agreement from 2020 to 2023. The application was brought before the Fair Work Commission, which is the body responsible for approving enterprise agreements in Australia.

The legal issues before the Commission included whether the proposed agreement was a "good faith" agreement, whether it contained the necessary provisions for employees' rights and obligations, and whether the agreement had been appropriately negotiated and agreed upon by the parties. The Commission had to determine if the agreement met the requirements set out in the Fair Work Act 2009.

The Commission found that the proposed agreement was a genuine enterprise agreement, negotiated in good faith, and that it contained all the necessary provisions for employees' rights and obligations. The Commission concluded that the agreement met the requirements of the Fair Work Act 2009, and it approved the Subcontractors Formwork Enterprise Agreement 2020-2023 between ARRAY LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division). This decision ensures that the terms of the agreement are legally binding and enforceable on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established