Construction, Forestry and Maritime Employees Union

[2024] FWCA 4626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4903)

D-WAY CONSTRUCTION GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2024

Application for approval of the D-WAY CONSTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the D-WAY CONSTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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.

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 27 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and the D-WAY CONSTRUCTION GROUP PTY LTD for approval of the Subcontractors Formwork Enterprise Agreement 2024-2027. The primary issue at hand was whether the proposed agreement met the necessary requirements under the relevant legislative framework, specifically those outlined in the Fair Work Act 2009. The court was tasked with assessing the agreement's compliance with these statutory provisions, including provisions relating to the negotiation process, the terms and conditions of the agreement, and the potential impact on the employees involved.

The court examined the negotiation process to determine whether it complied with the requirements of the Fair Work Act. It considered whether the agreement was genuinely negotiated and whether the parties had engaged in good faith. The court also assessed the terms and conditions of the proposed agreement, ensuring they adhered to the criteria for approval, such as being free from any term that contravenes the Act or is inconsistent with any other industrial instrument. Furthermore, the court evaluated the potential impact of the agreement on the employees, ensuring that it provided a fair and reasonable outcome for them.

In its reasoning, the court found that the negotiation process had been conducted in good faith and that the agreement had been genuinely negotiated between the parties. The court also determined that the terms and conditions of the agreement met the necessary requirements under the Fair Work Act. It found that the agreement provided fair and reasonable outcomes for the employees, including provisions for wages, conditions of employment, and dispute resolution mechanisms. Consequently, the court approved the Subcontractors Formwork Enterprise Agreement 2024-2027, confirming its compliance with the statutory requirements.

The final orders of the court were to approve the Subcontractors Formwork Enterprise Agreement 2024-2027 between the D-WAY CONSTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division). This approval signifies that the agreement can now be implemented, providing a legally binding framework for the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established