Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/743)

PLAN GROUP (GEELONG) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2024

Application for approval of the PLAN GROUP (GEELONG) PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PLAN GROUP (GEELONG) PTY LTD and the CFMEU (Victorian Construction and General Division) Builder 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 February 2024 and the Agreement was made on 13 March 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 3 April 2024. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) to have the PLAN GROUP (GEELONG) PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 approved. This agreement, intended to govern the terms and conditions of employment for builders in Geelong, was being sought for formal endorsement by the Fair Work Commission. The central issue before the court was whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine if the agreement met the criteria for simplicity, clarity, and accessibility, and if it adequately covered the essential terms and conditions of employment.

The court meticulously reviewed the provisions of the agreement to assess its compliance with the legislative framework. It considered whether the agreement was free from unnecessary complexity, ensuring that it was easily understood by the parties involved. Additionally, the court examined whether the agreement provided for a comprehensive set of terms and conditions, including wages, hours of work, and other employment-related matters. The court's analysis also included verifying that the agreement adhered to the statutory minimum standards prescribed by the Fair Work Act. The court took into account the submissions made by both the union and the employer, evaluating the necessity and reasonableness of the provisions included in the agreement.

Upon review, the court found that the agreement met all statutory requirements and was, therefore, compliant with the relevant legislation. The court was satisfied that the agreement was clear, simple, and accessible, and it adequately covered the essential terms and conditions of employment for builders in Geelong. Given the comprehensive nature of the agreement and its adherence to the legal standards, the court approved the application for the endorsement of the PLAN GROUP (GEELONG) PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. This decision ensures that the agreement will now serve as a legally binding contract between the parties, providing certainty and stability in their employment relations.

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