Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1314)

CIVIL PIPE & PLANT PTY LTD 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 MAY 2024

Application for approval of the CIVIL PIPE & PLANT PTY LTD 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 CIVIL PIPE & PLANT PTY LTD 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 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 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involves the Construction, Forestry and Maritime Employees Union (CFMEU) and Civil Pipe & Plant Pty Ltd. The dispute pertains to the approval of a specific enterprise agreement, namely the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The application for approval was made to the Fair Work Commission.

The legal issues central to this case revolve around the validity and enforceability of the enterprise agreement. The court had to examine whether the agreement was made in accordance with the provisions of the Fair Work Act 2009, particularly focusing on whether it complied with the requirements for good faith bargaining and whether it contained provisions that were fair and reasonable in all aspects.

The court found that the agreement met the criteria for approval. It determined that the parties had engaged in genuine and meaningful discussions, and that the terms of the agreement were fair and reasonable. The court also considered the broader context of the industry and the needs of the employees and employers involved. Given these findings, the court granted the application for approval of the enterprise agreement.

The court's decision resulted in the formal approval of the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This decision ensures that the terms of the agreement are legally binding on the parties and enforceable under the Fair Work Act 2009.

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