Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/899)

WALUKA CONSTRUCTION SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) INDUSTRIAL SERVICES GREENFIELDS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 APRIL 2024

Application for approval of the WALUKA CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Industrial Services Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the WALUKA CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Industrial Services 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 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 9 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 an application for the approval of an enterprise agreement between WALUKA Construction Services Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2020-2023. The dispute was heard in the Fair Work Commission, the Australian industrial relations tribunal.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the Fair Work Act 2009, and whether it was in the best interests of the employees covered by the agreement. The Commission needed to consider if the agreement was made in good faith, without coercion, and whether it provided for fair and reasonable terms and conditions of employment.

In considering these issues, the Commission examined the process by which the agreement was negotiated and whether there was evidence of genuine bargaining. The Commission also assessed the terms and conditions of the agreement, including pay rates, hours of work, and other employment conditions. The Commission found that the agreement was a genuine enterprise agreement, that it complied with the Fair Work Act, and that it was in the best interests of the employees covered by the agreement. The Commission approved the agreement, subject to certain conditions.

The Commission's decision was based on a detailed analysis of the evidence presented and a consideration of relevant legal principles. The Commission found that the agreement was the result of genuine bargaining between the parties and that it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement provided for a number of benefits for employees, including improved pay rates and conditions of work. The final orders of the Commission approved the agreement, subject to certain conditions, including the requirement that the parties comply with certain reporting obligations.

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