Construction, Forestry and Maritime Employees Union

[2024] FWCA 2390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2218)

W LOVICK CONTRACTING PTY LTD A TRUSTEE FOR WAYNE LOVICK CONTRACTING TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JULY 2024

Application for approval of the W LOVICK CONTRACTING PTY LTD A TRUSTEE FOR WAYNE LOVICK CONTRACTING TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the W LOVICK CONTRACTING PTY LTD A TRUSTEE FOR WAYNE LOVICK CONTRACTING TRUST 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 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 8 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 Construction, Forestry and Maritime Employees Union (CFME), acting on behalf of its members, and the W Lo Vick Contracting Pty Ltd and a trustee for the Wayne Lo Vick Contracting Trust were before the Fair Work Commission to seek approval for a proposed enterprise agreement. The dispute centred around the terms and conditions of employment, wages, and other employment-related matters for employees in the earthmoving, excavation, and drainage sectors. The case was heard in the Fair Work Commission of Australia.

The primary legal issue was whether the proposed agreement met the criteria for registration under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the minimum entitlements of employees, was free from prohibited content, and did not contravene any provisions of the Act. Another issue was whether the agreement fairly reflected the balance of power between the parties and whether it was made in good faith.

The Commission found that the proposed agreement was consistent with the requirements of the Fair Work Act. It provided for minimum entitlements and did not contain any prohibited content. The agreement was also found to be made in good faith and fairly reflected the balance of power between the parties. The Commission approved the agreement and registered it on the Register of Approved Agreements.

The Fair Work Commission approved the proposed agreement and registered it as the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This agreement is now binding on the parties and their employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established