Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/238)

SUBMERSIVE SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the SUBMERSIVE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2020-2023.

An application has been made for approval of an enterprise agreement known as the SUBMERSIVE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing 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 8 January 2024 and the Agreement was made on 30 January 2024. 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 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry and Maritime Employees Union and Submersive Solutions Pty Ltd. They sought approval of a subcontractor's enterprise agreement from the Fair Work Commission. The agreement was for waterproofing subcontractors in Victoria. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court in this case was the Fair Work Commission.

The legal issues the court had to decide were whether the agreement was a simple, genuine, and workable agreement, and whether it complied with the relevant sections of the Fair Work Act and Regulations. The court had to consider whether the agreement was a genuine agreement between the parties, and whether it was simple and workable. The court also had to determine whether the agreement complied with the relevant provisions of the Fair Work Act and Regulations, including the requirement for the agreement to be in writing and to be approved by the Fair Work Commission.

The court's reasoning and outcome were that the agreement was a genuine, simple, and workable agreement that complied with the relevant provisions of the Fair Work Act and Regulations. The court found that the agreement was a genuine agreement between the parties, and that it was simple and workable. The court also found that the agreement complied with the relevant provisions of the Fair Work Act and Regulations, including the requirement for the agreement to be in writing and to be approved by the Fair Work Commission. The court approved the agreement and made an order for its registration.

No further orders were made by the court. The agreement was approved and registered, and the parties were bound by its terms. The court's decision was based on the evidence presented and the relevant legal framework. The agreement was found to meet the requirements of the Fair Work Act and Regulations, and the court approved it accordingly.

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