Construction, Forestry and Maritime Employees Union

[2024] FWCA 4650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5112)

CLIFTON FORMWORK (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Clifton Formwork (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Clifton Formwork (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 23 December 2024.

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 for approval of a new enterprise agreement between Clifton Formwork (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The proposed agreement covered the period from 2024 to 2027. The application was made under the Fair Work Act 2009, which requires the Commission to ensure that the terms of an enterprise agreement are fair and reasonable for the employees involved.

The key legal issues before the Commission included whether the agreement complied with the legal requirements for enterprise agreements, whether the agreement met the procedural requirements, and whether the agreement provided a fair and reasonable outcome for the employees. The Commission needed to consider whether the agreement was negotiated in good faith, whether it contained provisions that were contrary to public policy, and whether the agreement provided for minimum terms and conditions of employment.

The Fair Work Commission found that the agreement complied with the relevant statutory requirements and was negotiated in good faith. The Commission noted that the agreement contained provisions that were consistent with industry standards and that it provided for fair and reasonable terms and conditions of employment for the employees. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. Accordingly, the Commission approved the agreement, and it will come into effect from 1 July 2024.

The Fair Work Commission approved the proposed enterprise agreement between Clifton Formwork (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The agreement will provide for the terms and conditions of employment for employees covered by the agreement from 1 July 2024. The Commission's decision confirms the importance of enterprise agreements in providing fair and reasonable outcomes for employees in the construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established