Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/377)

EASTERN CIVIL SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB AND CHANNEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 1 MARCH 2024

Application for approval of the Eastern Civil Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Eastern Civil Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel 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 8 March 2024. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Construction, Forestry and Maritime Employees Union, the Fair Work Commission was tasked with approving the Eastern Civil Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023. The primary parties involved in this matter were the Construction, Forestry and Maritime Employees Union, representing the workers, and Eastern Civil Solutions Pty Ltd, the employer. The dispute centred around the proposed enterprise agreement's terms and conditions for concrete kerb and channel subcontractors, and whether it adequately met the statutory requirements under the Fair Work Act 2009.

The court had to determine several key legal issues. First, whether the agreement was genuinely negotiated and not imposed by one party over the other. Second, whether the agreement provided fair and reasonable terms and conditions for the employees. Third, whether the agreement complied with all relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Additionally, the court needed to consider whether the agreement would promote higher wages and better working conditions, and whether it provided for proper dispute resolution mechanisms.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. The Commission found that the agreement had been genuinely negotiated and was not imposed. It was noted that the agreement provided fair and reasonable terms for the employees, including appropriate wage rates, leave provisions, and working conditions. The Commission confirmed that the agreement complied with all relevant statutory requirements and would promote higher wages and better working conditions for the employees. The Commission was also satisfied with the dispute resolution mechanisms outlined in the agreement. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Eastern Civil Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to comply with its terms. This decision provided certainty for the employees and the employer, ensuring that the agreement would be binding and enforceable under the Fair Work Act 2009.

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