Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/742)

PLAN GROUP 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 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 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 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, acting on behalf of the PLAN GROUP PTY LTD and the CFMEU (Victorian Construction and General Division), submitted an application for approval of the Builder Enterprise Agreement 2020-2023. The agreement was proposed to govern the employment terms and conditions for employees within the construction industry in Victoria. The union argued that the agreement was fair and reasonable, considering the needs and interests of both the employers and employees.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically in terms of its fairness and reasonableness. The Commission was required to examine the agreement's content, the bargaining process, and whether it provided for adequate minimum terms and conditions, as well as ensuring it did not discriminate against any group of employees.

The Commission found that the agreement was fair and reasonable, taking into account the overall balance of benefits and detriments to the parties involved. It was noted that the agreement was the result of a genuine bargaining process, with both parties having an opportunity to negotiate and agree on the terms. The Commission determined that the agreement provided for adequate minimum terms and conditions and did not contain any discriminatory provisions. Consequently, the Commission approved the Builder Enterprise Agreement 2020-2023, effective from the date of the decision.

The final orders of the Commission were that the Builder Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This agreement would now govern the employment terms and conditions for employees within the construction industry in Victoria, as long as it remained in force and effect.

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