Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/217)

RANGEDALE VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) NON-DESTRUCTIVE DIGGER EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2024

Application for approval of the RANGEDALE VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Non-Destructive Digger Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the RANGEDALE VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Non-Destructive Digger Earthmoving, Excavation and Drainage 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 22 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

In the case of Construction, Forestry and Maritime Employees Union, the parties involved were the Rangedale Vic Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute was centred around the approval of the Non-Destructive Digger Earthmoving, Excavation and Drainage Enterprise Agreement for the period 2020-2023. This application was brought before the Fair Work Commission. The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it provided fair and reasonable terms and conditions for the employees involved.

The court considered several factors in determining the validity of the agreement. It examined whether the agreement had been genuinely negotiated, whether it provided for the efficient determination of terms and conditions, and whether it was in the best interests of the employees. The court also evaluated the provisions of the agreement against the Fair Work (Registered Organisations) Act 2009, ensuring that it complied with the legislative framework. The court found that the agreement met the necessary criteria for approval and that it provided fair and reasonable terms and conditions for the employees.

The court concluded that the application for the approval of the Non-Destructive Digger Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 should be approved. The court was satisfied that the agreement had been genuinely negotiated, met the requirements of the Fair Work Act 2009, and provided fair and reasonable terms and conditions for the employees. The court also noted that the agreement was in the best interests of the employees and provided for the efficient determination of terms and conditions. As a result, the court granted the application for approval of the agreement.

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