Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1312)

2SURVEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MARKING AND SETTING OUT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 1 MAY 2024

Application for approval of the 2SURVEY PTY LTD and the CFMEU (Victorian Construction and General Division) Marking and Setting Out Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the 2SURVEY PTY LTD and the CFMEU (Victorian Construction and General Division) Marking and Setting Out 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 8 May 2024. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of an enterprise agreement between 2SURVEY PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the union and the employer sought to have the agreement approved, which covered aspects such as pay rates, working conditions, and dispute resolution mechanisms for employees in the surveying industry.

The legal issues before the Commission involved scrutiny of whether the agreement met the requirements under the Fair Work Act, including whether it provided for a genuine enterprise agreement, and if it contained provisions that were contrary to public policy or industrial instruments. The Commission also had to consider whether the agreement was fair and reasonable in all its aspects, and whether it provided for minimum terms and conditions of employment as stipulated by the Act. Additionally, the Commission examined whether the agreement complied with the process requirements for making an enterprise agreement.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, meeting all statutory requirements. The Commission noted that both parties had negotiated in good faith and that the agreement provided for minimum terms and conditions as per the Fair Work Act. The Commission further concluded that the agreement was not contrary to public policy or industrial instruments and that it adhered to the necessary process requirements. The Commission approved the enterprise agreement, recognising it as a valid and enforceable agreement between the parties.

The final orders included the approval of the 2SURVEY PTY LTD and the CFMEU (Victorian Construction and General Division) Marking and Setting Out Enterprise Agreement 2020-2023, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees within the specified period.

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