Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1701)

BK TRAFFIC MANAGEMENT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 MAY 2024

Application for approval of the BK Traffic Management and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023 (the Agreement)

An application has been made for approval of an enterprise agreement known as the BK Traffic Management and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023 (the Agreement) (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, Mining 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 6 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

In this case, the applicant, the Construction, Forestry and Maritime Employees Union (CFMU), sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement in question was the BK Traffic Management and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023. The dispute was between the CFMU and BK Traffic Management Pty Ltd. The CFMU sought approval of the agreement under section 233 of the Fair Work Act 2009 (Cth). The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees covered by the agreement.

The FWC considered whether the agreement was a good faith bargaining outcome, whether it contained the minimum terms and conditions mandated by the Fair Work Act, and whether it was in the best interests of the employees. The FWC found that the agreement was a good faith bargaining outcome and contained the mandated minimum terms and conditions. The FWC also found that the agreement was in the best interests of the employees. The FWC noted that the agreement provided for reasonable working conditions, including provisions for overtime, penalty rates, and shift allowances. The FWC also noted that the agreement contained provisions for dispute resolution and training, which were in the best interests of the employees.

The FWC approved the agreement and made orders under section 235 of the Fair Work Act. The FWC ordered that the agreement be registered and made binding on the parties. The FWC also ordered that the agreement be published on the Fair Work Commission's website. The CFMU's application for approval of the agreement was successful.

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