Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4838)

LOAM CIVIL 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, 16 DECEMBER 2024

Application for approval of the Loam Civil 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 Loam Civil 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 16 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for an enterprise agreement between Loam Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. This agreement pertains to earthmoving, excavation, and drainage work and covers the period from 2024 to 2027. The union applied for the agreement to be formally recognised and enforceable under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed agreement met the necessary requirements for approval under the Fair Work Act. Specifically, the commission needed to determine if the agreement had been made in the "best interests" of the employees, in accordance with the statutory criteria set out in the legislation. This included assessing the agreement's fairness and whether it appropriately balanced the interests of both the employees and the employer.

In reaching its decision, the commission examined the terms of the agreement and the evidence presented by both parties. The commission found that the agreement provided for reasonable working conditions and adequate protections for the employees, and it did not unduly disadvantage the employer. It was determined that the agreement met the statutory requirements for approval as it was fair and balanced, and it was in the best interests of the employees. Consequently, the commission approved the application for the agreement to be registered.

The final orders of the commission were that the Loam Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 be approved and registered as a registered agreement under the Fair Work Act. This registration makes the agreement legally binding and enforceable between the parties for the specified period.

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