Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4618)

VIC 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 BELL	MELBOURNE, 12 DECEMBER 2024

Application for approval of the VIC CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the VIC CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 12 December 2024 and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the parties involved were the VIC CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division). The dispute centred on the application for approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the terms and conditions outlined in the enterprise agreement were fair and reasonable, and whether they complied with the relevant legislative framework. This involved examining the balance of benefits and detriments for the employees and the overall fairness of the agreement.

The Commission undertook a detailed analysis of the agreement, considering factors such as wage rates, working conditions, dispute resolution mechanisms, and other employment terms. The court evaluated whether the agreement met the statutory criteria for fairness and reasonableness under the Fair Work Act 2009. It was necessary to determine if the agreement provided for a fair and equitable balance of rights and obligations between the employer and the employees, and if it was likely to achieve a harmonious and productive workplace. The Commission also considered submissions from both parties and any relevant precedents.

After thorough consideration, the Commission found that the enterprise agreement was fair and reasonable. The agreement provided for adequate wages and conditions, and included appropriate mechanisms for resolving disputes. The Commission was satisfied that the agreement met all statutory requirements and would likely lead to a harmonious workplace. Consequently, the application for approval of the enterprise agreement was granted.

No additional orders were made beyond the approval of the enterprise agreement.

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