Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/782)

EA PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPARK – NORTH EAST LINK PROJECT SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the EA PTY. LTD. and the CFMEU (Victorian Construction and General Division) Spark – North East Link Project Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the EA PTY. LTD. and the CFMEU (Victorian Construction and General Division) Spark – North East Link Project Subcontractors Earthmoving, Excavation and Drainage 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 Fair Work Commission involved an application for the approval of an enterprise agreement between EA PTY. LTD. and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement pertained to subcontractors engaged in earthmoving, excavation, and drainage activities for the Spark – North East Link Project. The applicant union sought to have the proposed agreement approved as a registered enterprise agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory requirements and conditions. This included determining if the agreement had been fairly and genuinely negotiated between the employer and the union, whether it met the provisions set out in the Act, and if the agreement would promote harmonious, productive, and cooperative workplace relations. Additionally, the Commission needed to assess if the agreement adequately covered the terms and conditions of employment for the relevant workforce.

In its decision, the Fair Work Commission examined the negotiation process, the contents of the proposed agreement, and the compliance with the statutory framework. The Commission found that the agreement had been genuinely and fairly negotiated, and it met all the formal requirements set forth in the Act. The terms of the agreement were considered to be reasonable and appropriate for the workforce involved. The Commission concluded that the agreement would promote harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the application and registered the enterprise agreement as required under the Fair Work Act 2009.

The Fair Work Commission ordered the registration of the enterprise agreement between EA PTY. LTD. and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Spark – North East Link Project Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This decision came into effect upon the registration of the agreement.

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