Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4962)

KEIGHREY FAMILY TRUST (THE TRUSTEE FOR) T/AS KEIGHREY CIVIL 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 COLMAN	MELBOURNE, 20 DECEMBER 2024

Application for approval of the Keighrey Family Trust (The Trustee For) T/AS Keighrey Civil and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 Keighrey Family Trust (The Trustee For) T/AS Keighrey Civil and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 20 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Keighrey Family Trust, trading as Keighrey Civil, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) to have their proposed Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 approved. The nature of the dispute centred on the terms and conditions of employment for subcontractors in the earthmoving, excavation, and drainage sectors within the Victorian construction industry. The matter was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to resolve disputes and make decisions regarding workplace relations.

The central legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees and employers involved. Specifically, the court needed to determine if the agreement was fair and reasonable, provided for a genuine agreement, and met the criteria for approval as set out in the Act. This included examining the provisions of the agreement concerning wages, working conditions, dispute resolution, and other employment terms.

In delivering its decision, the court considered the submissions from both parties and relevant statutory provisions. The court found that the proposed agreement contained terms that were fair and reasonable, reflected a genuine agreement between the parties, and met the statutory criteria for approval. The agreement provided for adequate wage rates, reasonable working conditions, and effective dispute resolution mechanisms. Furthermore, the court was satisfied that the agreement was in the best interests of the employees and employers involved. Consequently, the court approved the proposed Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027.

The final orders of the court were that the proposed agreement be approved and registered under the Fair Work Act. The agreement was to come into effect on the date of the decision and would apply to subcontractors in the earthmoving, excavation, and drainage sectors within the Victorian construction industry for the period specified in the agreement. This decision provided clarity and certainty for both employers and employees in these sectors, ensuring that the terms of employment were fair and compliant with the statutory requirements.

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