Construction, Forestry and Maritime Employees Union

[2024] FWCA 4527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4870)

JC EXCAVATIONS 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 COLMAN	MELBOURNE, 19 DECEMBER 2024

Application for approval of the JC Excavations Pty Ltd 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 JC Excavations Pty Ltd 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 19 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union and JC Excavations Pty Ltd, focusing on the proposed enterprise agreement for subcontractors in the earthmoving, excavation, and drainage sectors. The union sought approval for the Enterprise Agreement 2024-2027. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues were whether the agreement complied with the Fair Work Act 2009 and if it satisfied the criteria for being a "better off overall test" (BOOT). The commission had to ensure the agreement did not disadvantage employees and provided fair terms and conditions of employment. Additionally, the commission assessed if the agreement was appropriately certified and if the necessary processes were followed in its creation.

The commission found that the agreement complied with the statutory requirements and met the BOOT. It was determined that the agreement provided fair and reasonable terms and conditions for the employees, and it did not disadvantage any party. The commission also confirmed that all necessary procedural requirements were fulfilled in the agreement's certification and negotiation processes. The agreement was approved based on these findings.

The Fair Work Commission approved the Enterprise Agreement 2024-2027, effective from the specified commencement date. The decision was communicated to the parties, and the agreement was set to govern the employment terms for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established