Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4449)

YARRA CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 DECEMBER 2024

Application for approval of the YARRA CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the YARRA CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 11 December 2024 and, in accordance with s.54 of the Act, will operate from 18 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 Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union, seeking approval of the Subcontractors Concrete Placement Enterprise Agreement 2024-2027 with Yarra Contracting Pty Ltd. This enterprise agreement aimed to set out the terms and conditions of employment for subcontractors in the concrete placement industry in Victoria. The Commission was tasked with ensuring the agreement met the requirements of the Fair Work Act 2009 and was in the best interest of the employees it covered.

The central legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act, including the criteria for the agreement's coverage, the process by which it was negotiated, and the substantive provisions within the agreement. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if the process of its negotiation was fair and appropriate. Additionally, the Commission had to assess whether the agreement was likely to result in improved productivity and efficiency within the industry.

In assessing these issues, the Commission found that the agreement had been negotiated in good faith and was likely to contribute positively to the productivity and efficiency of the industry. The Commission was satisfied that the process of negotiation was fair and appropriate, and that the substantive terms and conditions within the agreement were fair and reasonable. The agreement included provisions that addressed key issues such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. Given these findings, the Commission approved the agreement, recognising its potential to benefit both employers and employees within the concrete placement industry.

The final orders of the Commission were to approve the Subcontractors Concrete Placement Enterprise Agreement 2024-2027 between Yarra Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division). This decision provides a clear framework for the terms and conditions of employment for subcontractors in the concrete placement industry in Victoria for the period from 2024 to 2027.

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