[2025] FWCA 521
The attached document replaces the document previously issued with the above code on 10 February 2025
The document now contains the applicable AE number.
Relief Associate to Commissioner Matheson
Dated 10 February 2025
| [2025] FWCA 521 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/157)
EHA CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 10 FEBRUARY 2025 |
Application for approval of the EHA CONSTRUCTION PTY LTD and the CFMEU Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027
An application has been made for approval of an enterprise agreement known as the EHA CONSTRUCTION PTY LTD and the CFMEU Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE527973 PR784180>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 521
- Case
- [2025] FWCA 521
- Decision Date
CaseChat Overview and Summary
The Commission was required to determine whether the application met the criteria set out in sections 186, 187, and 188 of the Act, which outline the procedural requirements for the approval of enterprise agreements. Specifically, the Commission needed to consider whether the application had been made by a bargaining representative, whether the agreement met the "better off overall test," and whether the requirements of sections 186, 187, and 188 had been satisfied. Furthermore, the Commission needed to address the procedural issue of an incorrect form of notice of employee representational rights.
The Commission found that the incorrect form of notice of employee representational rights was a minor procedural error that did not disadvantage the employees. The Commission concluded that all relevant sections of the Act had been met and approved the enterprise agreement. The agreement will come into effect on 17 February 2025 and will expire on 2 July 2027.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.