Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/265)

PELLA CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 FEBRUARY 2024

Application for approval of the PELLA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PELLA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 28 February 2024. The nominal expiry date of the Agreement is 29 February 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 the PELLA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The primary parties to the dispute were the union representing the workers and the employer. The court was required to consider whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. The union had applied for the agreement to be approved, while the employer had not opposed the application.

The court was tasked with examining several legal issues, including whether the agreement covered the correct bargaining units, if the parties had genuinely negotiated the agreement, and whether it complied with the various provisions of the Fair Work Act. A key aspect was verifying that the agreement did not unfairly disadvantage any of the parties and that it was consistent with the national minimum standards for employment. The court also needed to ensure that the process of making the agreement was fair and that the agreement was not contrary to the public interest.

The court found that the agreement was appropriately negotiated and covered the correct bargaining units. It was satisfied that the agreement did not unfairly disadvantage any party and met the requirements of the Fair Work Act. The court was also satisfied that the process leading to the agreement was fair and that it did not contravene any public interest considerations. Based on these findings, the court approved the enterprise agreement. The decision underscored the importance of ensuring that such agreements are made in good faith and comply with statutory obligations.

The final orders of the court were to approve the PELLA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. This approval was contingent on the agreement being registered with the Fair Work Commission, which is the final step in the process of recognising an enterprise agreement under the Fair Work Act. The court's approval was a critical step in formalising the terms of employment for the workers involved in the specified industry.

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