Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/932)

SUBTERRANEAN SOLUTIONS PTY LTD / CFMEU COLLECTIVE CIVIL FORMWORK AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 3 APRIL 2024

Application for approval of the Subterranean Solutions Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Subterranean Solutions Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023 (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.

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 10 April 2024. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of the Subterranean Solutions Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023. The dispute involved the terms and conditions of employment for employees working in the civil formwork sector under the proposed agreement. The Fair Work Commission was tasked with assessing the agreement against the Fair Work Act 2009 to ensure it met the legal requirements for approval.

The key legal issues before the Commission were whether the agreement contained provisions that were contrary to public policy, whether it provided for the payment of minimum rates of pay and entitlements as prescribed by law, and whether it complied with other relevant legislative requirements. The Commission also had to consider whether the agreement was made in good faith and whether it was genuinely a collective agreement.

The Commission found that the agreement did not contain any provisions that were contrary to public policy and that it provided for the payment of minimum rates of pay and entitlements as required by law. The Commission was satisfied that the agreement was made in good faith and was genuinely a collective agreement. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for employees in the civil formwork sector.

The Fair Work Commission approved the Subterranean Solutions Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009. The approved agreement will now apply to employees working in the civil formwork sector for 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