Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/860)

ULTIMATE SURVEYING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MARKING AND SETTING OUT ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the ULTIMATE SURVEYING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ULTIMATE SURVEYING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out 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 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 by the Ultimate Surveying Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement. This agreement pertains to subcontractors marking and setting out within the specified time frame of 2020 to 2023. The matter was heard in the Fair Work Commission.

The primary legal issues before the court were whether the agreement met the statutory requirements for an enterprise agreement and whether it was in compliance with the Fair Work Act 2009. The court had to assess if the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other matters. It was also necessary to ensure that the agreement did not undermine the safety and health provisions applicable to the employees.

In delivering the judgment, the court found that the agreement was compliant with the statutory requirements. The agreement was deemed fair and reasonable, as it provided for adequate terms and conditions that were not detrimental to the employees. The court further found that the agreement did not undermine any existing safety and health provisions and was in line with the Fair Work Act 2009. Consequently, the application for approval was granted.

The court ordered the approval of the Ultimate Surveying Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023. The agreement was approved and registered with the Fair Work Commission, effective from 1 July 2020.

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