Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/89)

BANBURRA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 31 JANUARY 2024

Application for approval of the BANBURRA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BANBURRA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure 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 7 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 this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) and Banburra Pty Ltd sought approval for a Subcontractors Civil and Infrastructure Enterprise Agreement, applicable from 2020 to 2023. The application was heard in the Fair Work Commission, with the primary focus on whether the proposed agreement met the necessary statutory requirements for endorsement. The CFMEU, representing the interests of subcontractors within the civil and infrastructure sectors, and Banburra Pty Ltd, an entity involved in civil and infrastructure projects, jointly submitted the agreement for scrutiny.

The court was tasked with determining whether the agreement adhered to the provisions of the Fair Work Act 2009, particularly concerning the scope and content of the agreement, and if it satisfied the criteria for being a simple, clear, and fair agreement. The scrutiny included an assessment of whether the agreement provided for fair terms and conditions, including pay and conditions for subcontractors. The court also had to consider if the agreement complied with the procedural requirements set out in the Act, such as the necessity for genuine bargaining and the provision of adequate notice and opportunity for consultation.

The Fair Work Commission reviewed the agreement in detail, focusing on its alignment with the legislative framework and its potential impact on the parties involved. The Commission found that the agreement was comprehensive and provided for fair terms and conditions that were consistent with the statutory objectives. The court also concluded that the agreement was the product of genuine bargaining and had been properly notified and consulted upon. Based on these findings, the Commission approved the agreement, recognising its compliance with the necessary statutory requirements.

Consequently, the Fair Work Commission granted approval for the Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023 between Banburra Pty Ltd and the CFMEU (Victorian Construction and General Division). The endorsement signifies that the agreement meets the standards required under the Fair Work Act 2009, providing a legally binding framework for the terms and conditions of employment for subcontractors within the specified sectors during the agreed period.

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