Construction, Forestry and Maritime Employees Union

[2024] FWCA 1230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/960)

GRA INFRA SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) EARTHMOVING, EXCAVATION AND DRAINAGE GREENFIELDS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 9 APRIL 2024

Application for approval of the GRA INFRA SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Earthmoving, Excavation and Drainage Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the GRA INFRA SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Earthmoving, Excavation and Drainage Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry and Maritime Employees Union.

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. In particular, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 16 April 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 case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and GRA Infra Services Pty Ltd. They sought the approval of their enterprise agreement, the CFMEU (Victorian Construction and General Division) Earthmoving, Excavation and Drainage Greenfields Enterprise Agreement 2020-2023. This was a dispute brought before the Fair Work Commission, with the CFMEU seeking to have the agreement registered with the Fair Work Commission to make it legally enforceable.

The primary legal issue for the Commission to decide was whether the agreement met the criteria for registration as prescribed by the Fair Work Act 2009. This involved determining if the agreement was in writing, if it covered a "single enterprise", if it was made between an "employer" and "employees", if it dealt with "terms and conditions of employment", and if it was made in "good faith". Additionally, the Commission had to consider if the agreement provided for a proper process for the resolution of disputes.

The Fair Work Commission examined the agreement and concluded that it met all the necessary criteria for registration. The agreement was found to be in writing and covered a single enterprise. The Commission was satisfied that the agreement was made between an employer and employees and that it dealt with terms and conditions of employment. Importantly, the Commission determined that the agreement was made in good faith and provided for a proper process for the resolution of disputes. As such, the Commission approved the agreement, finding that it complied with the requirements of the Act.

The final orders of the Commission were that the CFMEU (Victorian Construction and General Division) Earthmoving, Excavation and Drainage Greenfields Enterprise Agreement 2020-2023 be registered with the Fair Work Commission. This made the agreement legally binding on GRA Infra Services Pty Ltd and the employees covered by the agreement, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established