Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5177)

M GROUP TRADES AND LABOUR PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JANUARY 2025

Application for approval of the M Group Trades and Labour Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the M Group Trades and Labour Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027 (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 18 June 2024 and the Agreement was made on 18 December 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.

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 29 January 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and M Group Trades and Labour Pty. Ltd. for the approval of a proposed enterprise agreement, the M Group Trades and Labour Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027. The dispute centred on the terms of the proposed agreement, which aimed to regulate the working conditions for traffic control workers within the specified industry sector. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement was a "bare minimum" enterprise agreement and if it included all the mandatory terms prescribed by the Act. Furthermore, the Commission considered whether the agreement was negotiated in good faith and if it was likely to achieve a productive workplace relationship. The Commission also evaluated the agreement's compliance with the Fair Work (Registered Organisations) Act 2009, ensuring that the CFMEU was a registered organisation with the requisite authority to enter into the agreement on behalf of its members.

In making its decision, the Commission examined the proposed agreement in detail, assessing its provisions against the statutory requirements. The Commission noted that the agreement covered essential aspects such as wages, classification of employees, working hours, and other employment conditions. It was determined that the agreement met the "bare minimum" standard and included all the mandatory terms as required by the Fair Work Act. The Commission was satisfied that the agreement was negotiated in good faith and would likely contribute to a productive workplace relationship. Furthermore, the Commission confirmed that the CFMEU was a registered organisation with the authority to negotiate on behalf of its members, thus satisfying the criteria under the Fair Work (Registered Organisations) Act 2009.

Consequently, the Fair Work Commission approved the M Group Trades and Labour Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027. The approval took effect from the date of the decision, providing a legally binding framework for the employment conditions of traffic control workers within the specified industry sector for the duration of the agreement.

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