| [2024] FWCA 4637 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4909)
RANGEDALE VIC 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 | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 23 DECEMBER 2024 |
Application for approval of the Rangedale Vic 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 Rangedale Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 9 September 2024 and the Agreement was made on 4 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 30 December 2024. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 4637
- Case
- [2024] FWCA 4637
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act, and whether it ensured the fair treatment of employees. Additionally, the Commission had to determine if the agreement provided a safety net for employees and if it was made in good faith. The Commission also examined whether the agreement adequately covered aspects such as minimum rates of pay, maximum standard hours of work, and provisions for casual employment.
After thorough examination of the agreement, the Commission found that it contained all the required minimum terms and conditions. The agreement was deemed to provide fair and reasonable terms for the employees, ensuring a safety net that was consistent with the principles of the Fair Work Act. The Commission also concluded that the agreement was made in good faith and covered all necessary aspects, including rates of pay, working hours, and provisions for casual employment. As a result, the Fair Work Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, enabling it to come into effect as intended.
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