Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1811)

OZMARKS MAJOR PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CIVIL LINE MARKER & ASSOCIATED TRAFFIC CONTROL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 JUNE 2024

Application for approval of the OZMARKS MAJOR PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil Line Marker & Associated Traffic Control Enterprise Agreement 2020-2023.

An application has been made for approval of an enterprise agreement known as the OZMARKS MAJOR PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil Line Marker & Associated Traffic Control 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, Maritime and Energy 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 12 June 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 matter before the court involved an application for the approval of an enterprise agreement between Ozmarks Major Projects Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Civil Line Marker & Associated Traffic Control Enterprise Agreement 2020-2023. The dispute centred on the compliance of the agreement with the relevant industrial relations legislation and whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the enterprise agreement provided for the terms and conditions of employment for the employees covered by the agreement, whether the agreement included genuine bargaining, and whether it contained appropriate dispute resolution mechanisms. The court also needed to determine whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Act 2009.

The court found that the enterprise agreement met the necessary criteria for approval. It was determined that the agreement provided for the terms and conditions of employment, that the parties had genuinely bargained, and that the agreement contained appropriate dispute resolution mechanisms. Furthermore, the court found that the agreement complied with all relevant provisions of the Fair Work (Registered Organisations) Act 2009 and the Fair Work Act 2009. The court was satisfied that the agreement was in the best interests of the employees covered by the agreement.

The court approved the enterprise agreement, allowing it to come into effect. This decision provided certainty for the parties involved and established a framework for the terms and conditions of employment for the employees covered by 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