Construction, Forestry and Maritime Employees Union

[2024] FWCA 1226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/959)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 APRIL 2024

Application for approval of the GRA INFRA SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Builder 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) Builder 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 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.205(2) 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 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 15 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

In the case of the Construction, Forestry and Maritime Employees Union, the parties involved were GRA INFRA SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division). The dispute centred around the application for approval of the Builder Greenfields Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia.

The legal issues before the Commission included whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009, including whether the agreement provided for a fair and efficient bargaining process, and if it contained provisions that were genuinely agreed upon by both parties. Additionally, the Commission had to consider whether the agreement contained any unfair terms or provisions that were contrary to the public interest.

The Commission examined the process through which the agreement was negotiated and concluded that the agreement had been fairly and efficiently negotiated, with both parties participating in good faith. The Commission also found that the agreement contained provisions that were genuinely agreed upon by both parties and did not contain any unfair terms. In reaching its decision, the Commission considered the evidence presented by both parties, as well as relevant case law and legislation. The Commission approved the Builder Greenfields Enterprise Agreement 2020-2023, finding that it met all the necessary criteria.

The Fair Work Commission's decision to approve the Builder Greenfields Enterprise Agreement 2020-2023 provides guidance to employers and employees on the requirements for a valid enterprise agreement. The decision also highlights the importance of good faith bargaining and the need for agreements to be genuinely negotiated between the parties. The outcome of this case will likely have implications for future enterprise agreements in the construction industry and beyond.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established