Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4508)

BROMAK JACKHAMMERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ROCKBREAKER ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 12 DECEMBER 2024

Application for approval of the BROMAK JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the BROMAK JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker 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 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

The matter before the court involved an application for the approval of an enterprise agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and Bromak Jackhammering Pty Ltd, specifically for the Subcontractors Rockbreaker Enterprise Agreement 2024-2027. The primary issue was whether the proposed agreement complied with the relevant legislative provisions under the Fair Work Act 2009. The court needed to determine if the agreement met the criteria for approval, including whether it provided for the fair and efficient resolution of workplace issues, and if it complied with the minimum terms and conditions set by the Act.

The court carefully examined the terms of the proposed agreement to ensure it met the legislative requirements. Key aspects considered included the provisions for the resolution of workplace disputes, the payment of wages and conditions, and the overall fairness of the agreement to both parties. The court also assessed whether the agreement included the minimum terms and conditions mandated by the Fair Work Act. After thorough analysis, the court found that the agreement adhered to the necessary legal standards and provided for a fair and efficient resolution of workplace issues. Consequently, the court approved the agreement.

Following the court's determination, the application for approval of the Subcontractors Rockbreaker Enterprise Agreement 2024-2027 was granted. The court's decision affirmed that the agreement complied with all relevant provisions of the Fair Work Act and was therefore valid and enforceable. The approval of the agreement ensures that the terms and conditions set out therein are legally binding on both the CFMEU and Bromak Jackhammering Pty Ltd, providing a clear framework for their industrial relations moving forward.

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