Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4849)

IVERS CIVIL CONTRACTORS 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 IVERS CIVIL CONTRACTORS 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 IVERS CIVIL CONTRACTORS 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 case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Ivers Civil Contractors Pty Ltd, with the matter before the Fair Work Commission. The union and the company sought approval of the proposed Subcontractors Formwork Enterprise Agreement 2024-2027, which aimed to govern the employment conditions of formwork subcontractors working for Ivers Civil Contractors Pty Ltd. The agreement sought to establish terms and conditions including wages, hours of work, and other employment-related matters. The Commission's role was to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval. Specifically, the Commission had to determine whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it complied with the procedural requirements under the Fair Work Act. The Commission also needed to consider whether the agreement provided for a fair and efficient method of determining disputes, and if it included provisions for the protection of employees' rights and entitlements.

In rendering its decision, the Commission carefully examined the contents of the proposed agreement and the evidence presented by both parties. The Commission noted that the agreement contained provisions for wages, hours of work, and other employment conditions that were fair and reasonable. Furthermore, the agreement included a dispute resolution process that the Commission deemed efficient and effective. The Commission also found that the agreement provided adequate protections for employees' rights and entitlements, and that it complied with the procedural requirements for enterprise agreements. Based on these findings, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Subcontractors Formwork Enterprise Agreement 2024-2027 between Ivers Civil Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division) be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would govern the employment conditions of formwork subcontractors working for Ivers Civil Contractors Pty Ltd until its expiry on 31 December 2027. The Commission's decision provides certainty for both the employer and employees and ensures that the agreement provides fair and reasonable terms and conditions of employment.

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