Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/795)

OPTARE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL INFRASTRUCTURE SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2024

Application for approval of the OPTARE PTY LTD and the CFMEU (Victorian Construction and General Division) Civil Infrastructure Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the OPTARE PTY LTD and the CFMEU (Victorian Construction and General Division) Civil Infrastructure Subcontractors Formwork 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 4 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 matter before the court involved an application for approval of an enterprise agreement between Optare Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Civil Infrastructure Subcontractors Formwork Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The legal issues the court needed to decide included whether the agreement met the requirements of the Fair Work Act, particularly in relation to its procedural fairness and whether it complied with the prescribed minimum terms and conditions.

The Fair Work Commission examined whether the agreement had been made in accordance with the Fair Work Act, including whether the necessary procedural fairness was observed in its formation. The Commission also assessed the content of the agreement to ensure it complied with the prescribed minimum terms and conditions, such as minimum wages, leave entitlements, and other employment standards. In determining the procedural fairness, the Commission considered whether the union and the employer had genuinely negotiated the agreement and whether the union had properly represented its members. The Commission also reviewed the specific terms of the agreement to ensure they did not undermine the protections provided under the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and fairly represented the interests of the employees. The Commission determined that the agreement was procedurally fair and complied with the minimum terms and conditions set out in the Fair Work Act. The Commission approved the enterprise agreement, noting that it provided appropriate protections for employees while allowing for flexibility in the workplace. The decision highlighted the importance of genuine negotiation and fair representation in the formation of enterprise agreements.

The Fair Work Commission approved the enterprise agreement between Optare Pty Ltd and the CFMEU for the Civil Infrastructure Subcontractors Formwork Enterprise Agreement 2020-2023. The Commission found that the agreement was procedurally fair and met the minimum terms and conditions required by the Fair Work Act. This approval ensures that the terms of the agreement will apply to the employees covered by the agreement, providing them with protections and benefits as set out in the approved document.

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