Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/106)

RIVERINA CONCRETING PTY LTD AND RC EMPLOYMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 FEBRUARY 2024

Application for approval of the RIVERINA CONCRETING PTY LTD and RC EMPLOYMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the RIVERINA CONCRETING PTY LTD and RC EMPLOYMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 28 December 2023 and the Agreement was made on 19 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 9 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 case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Riverina Concreting Pty Ltd, along with RC Employment Pty Ltd. The matter pertained to the application for the approval of the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 between the parties. The Federal Court of Australia was the forum for this dispute, with the application for approval brought forth under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved examining the agreement to determine if it complied with the Act's provisions concerning the terms and conditions of employment. Specifically, the court had to consider whether the agreement was in the best interests of the employees covered by it and if it contained all the necessary terms as stipulated by the legislation.

The court deliberated on the provisions of the agreement, assessing if it met the criteria set forth by the Fair Work Act. It found that the agreement was fair and reasonable, and it was in the best interests of the employees. The court also noted that the agreement contained all the required terms as mandated by the Act. Consequently, the court approved the application for the agreement's registration, thereby formalising the terms and conditions of employment for the relevant period.

The final orders of the court included the registration of the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 between the CFMEU and Riverina Concreting Pty Ltd, along with RC Employment Pty Ltd. The agreement was thus approved and registered, effective from the specified period outlined in the document.

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