Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/140)

SHAMROCK SET OUT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MARKING AND SETTING OUT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 FEBRUARY 2024

Application for approval of the SHAMROCK SET OUT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SHAMROCK SET OUT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out 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 15 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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of an enterprise agreement between the Shamrock Set Out Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023. The application was made under section 232 of the Fair Work Act 2009. The CFMEU argued that the agreement was in the best interests of the employees and should be approved.

The court considered several legal issues, including whether the agreement met the requirements of section 235 of the Fair Work Act, which outlines the criteria for the approval of an enterprise agreement. The court also considered whether the agreement provided for fair and reasonable terms and conditions of employment and whether the agreement had been made in good faith. The court further examined whether the agreement complied with the provisions of the Fair Work (Transition to Simplified Bargaining) Act 2020, which introduced new requirements for enterprise agreements.

The court found that the agreement met the requirements of section 235 of the Fair Work Act. The court held that the agreement provided for fair and reasonable terms and conditions of employment and that it had been made in good faith. The court also found that the agreement complied with the provisions of the Fair Work (Transition to Simplified Bargaining) Act 2020. The court approved the agreement, stating that it was in the best interests of the employees.

The court approved the Shamrock Set Out Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023.

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