Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/237)

H CONTRACTING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the H CONTRACTING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the H CONTRACTING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction 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 26 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 was an application by H Contracting Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for approval of the Subcontractors Landscape Construction Enterprise Agreement 2020-2023. The primary issue that the court had to determine was whether the agreement in question met the necessary criteria for registration under the Fair Work Act 2009. The court's task was to examine the agreement thoroughly to ascertain if it complied with the legislative requirements for the approval of such agreements.

The court meticulously reviewed the terms and conditions set out in the enterprise agreement, ensuring that it adhered to the statutory prerequisites. These include the necessity for the agreement to provide for minimum wages and conditions, establish a fair and efficient procedure for the resolution of disputes, and meet the better-off-overall test. The court also examined if the agreement was made in good faith and without the influence of coercion or undue pressure on either party. The court concluded that the agreement satisfied all the necessary conditions for approval and was in the best interests of the employees it covered.

In reaching its decision, the court found that the enterprise agreement provided for fair and reasonable terms and conditions of employment, included provisions for the resolution of disputes, and demonstrated that the employees would be better off overall with the agreement in place. The court also determined that the agreement had been made in good faith and without any undue influence. Therefore, the court approved the Subcontractors Landscape Construction Enterprise Agreement 2020-2023, ensuring that it would now be legally binding between H Contracting Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division).

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