Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/164)

HEALEY INFRASTRUCTURE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2024

Application for approval of the HEALEY INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023.

An application has been made for approval of an enterprise agreement known as the HEALEY INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors 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.

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 11 December 2023 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 19 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 Construction, Forestry and Maritime Employees Union sought approval of the HEALEY INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The dispute arose as the parties were unable to reach an agreement on certain terms and conditions of employment, necessitating intervention by the Fair Work Commission.

The primary legal issues before the court included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees, whether it provided for fair and reasonable terms and conditions, and whether it adhered to the procedural fairness requirements.

After considering the submissions from both parties, the court found that the proposed agreement was fair and reasonable in all its terms. The agreement provided for a fair and equitable balance of rights and obligations, met the procedural fairness requirements, and was in the best interests of the employees. The court emphasised that the agreement included provisions for wages, conditions, and dispute resolution mechanisms that aligned with the statutory objectives of the Fair Work Act. The court also noted the parties' good faith efforts in negotiating the agreement.

As a result of the court's findings, the Fair Work Commission approved the HEALEY INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This decision established the terms and conditions of employment for the specified period and ensured compliance with the relevant legislative framework.

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