Construction, Forestry and Maritime Employees Union

[2024] FWCA 1416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1218)

PRESTIGE ROAD & RAIL 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, 26 APRIL 2024

Application for approval of the PRESTIGE ROAD & RAIL 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 PRESTIGE ROAD & RAIL 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 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 1 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 before the Fair Work Commission involved an application for approval of an enterprise agreement between Prestige Road & Rail 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 agreement was proposed to cover employees working as civil line markers and associated traffic control personnel. The dispute centred on the terms and conditions of employment, including wages, hours of work, leave provisions, and other related matters.

The legal issues before the commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a “low risk” agreement. The commission had to assess whether the agreement provided for a fair and reasonable outcome for the employees and whether it adhered to the provisions of the Act, including those concerning genuine agreement and the avoidance of adverse action. The commission also needed to consider whether the agreement was in the best interests of the employees and whether it promoted the objectives of the Fair Work Act.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, determined that the proposed agreement met the necessary legal criteria. The commission found that the agreement was genuinely negotiated, contained provisions that were fair and reasonable, and aligned with the objectives of the Fair Work Act. The commission approved the agreement, considering it to be in the best interests of the employees and conducive to promoting harmonious, productive, and cooperative workplace relations. The decision was made on the basis that the agreement would provide a stable and fair framework for the employment of civil line markers and associated traffic control personnel, ensuring they received equitable treatment and protection under the law.

The final orders of the commission included the approval of the Prestige Road & Rail Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Civil Line Marker & Associated Traffic Control Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established