Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/264)

FCAM FAMILY TRUST (THE TRUSTEE FOR) T/AS FCAM BRICKLAYING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICK LAYING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 FEBRUARY 2024

Application for approval of the FCAM FAMILY TRUST (THE TRUSTEE FOR) T/As FCAM BRICKLAYING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the FCAM FAMILY TRUST (THE TRUSTEE FOR) T/As FCAM BRICKLAYING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Brick laying 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 case involved an application for the approval of the FCAM Family Trust, trading as FCAM Bricklaying Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed enterprise agreement met the statutory requirements for approval. The agreement sought to govern the terms and conditions of employment for bricklayers working under the FCAM Family Trust in Victoria. The union and the employer presented the agreement as a means to regulate their industrial relations and ensure fair wages and conditions for the workers involved.

The legal issues at the centre of the case involved whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Key considerations included whether the agreement contained the necessary minimum terms as outlined in the Act, whether it was free from any prohibited content, and whether it was appropriately certified by a certified bargaining agent. Additionally, the court had to consider whether the agreement met the criteria for good faith bargaining and whether it provided for a fair and efficient resolution of workplace issues. The decision hinged on the interpretation of the statutory framework and the specific terms of the proposed agreement.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements. The agreement contained the necessary minimum terms and was free from any prohibited content. The Commission confirmed that the agreement was certified by a certified bargaining agent and that it was the product of good faith bargaining. The Commission was satisfied that the agreement provided for a fair and efficient resolution of workplace issues and would benefit the employees by ensuring fair wages and conditions. Consequently, the application for approval was successful, and the agreement was certified as meeting the requirements of the Fair Work Act 2009.

As a result of the decision, the FCAM Family Trust, trading as FCAM Bricklaying Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023 was approved and certified. The agreement is now legally binding on the employer, the employees, and the union, governing the terms and conditions of employment for bricklayers working under the FCAM Family Trust in Victoria. This decision ensures that the workers involved are protected by a fair and comprehensive enterprise agreement that meets the statutory requirements.

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