Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1521)

OCEANA CONCRETE PUMPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 17 MAY 2024

Application for approval of the OCEANA CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the OCEANA CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 the 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 24 May 2024. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the OCEANA CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The parties involved in the dispute were OCEANA CONCRETE PUMPING PTY LTD, a small concrete pumping company, and the CFMEU, a trade union representing the workers in the concrete pumping industry. The dispute centred around whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issues that the court had to address were whether the agreement was a genuine enterprise agreement, whether it provided for the proper and timely payment of wages and conditions, and whether it was consistent with the Fair Work Act's provisions. Additionally, the court examined whether the agreement contained adequate provisions for the resolution of disputes and the protection of workers' rights.

In its decision, the Fair Work Commission found that the proposed agreement was a genuine enterprise agreement that met the necessary requirements for approval. The court acknowledged that the agreement provided for the proper and timely payment of wages and conditions and was consistent with the Fair Work Act's provisions. The agreement also contained provisions for the resolution of disputes and the protection of workers' rights, which the court deemed adequate. The Commission approved the agreement, stating that it would provide a fair and reasonable framework for the concrete pumping industry in Victoria.

The Fair Work Commission approved the OCEANA CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023, recognising it as a genuine enterprise agreement that met the necessary requirements for approval under the Fair Work Act 2009. The court found that the agreement provided for the proper and timely payment of wages and conditions and was consistent with the Act's provisions. The agreement also contained provisions for the resolution of disputes and the protection of workers' rights, which the Commission deemed adequate. This decision sets a precedent for future enterprise agreements in the concrete pumping industry in Victoria.

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