Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4378)

METROENVIRO MAINTENANCE PTY LTD AS TRUSTEE FOR METROENVIRO MAINTENANCE TRUST T/AS ELDARIN SERVICES METRO AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the METROENVIRO MAINTENANCE PTY LTD AS TRUSTEE FOR METROENVIRO MAINTENANCE TRUST T/AS ELDARIN SERVICES METRO and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the METROENVIRO MAINTENANCE PTY LTD AS TRUSTEE FOR METROENVIRO MAINTENANCE TRUST T/AS ELDARIN SERVICES METRO and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging 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 for the approval of a new enterprise agreement between MetroEnviro Maintenance Pty Ltd as trustee for MetroEnviro Maintenance Trust trading as Eldarin Services Metro and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors. The application was brought under the Fair Work Act 2009, seeking the Commission’s endorsement of the terms set forth in the proposed agreement. The dispute centred on whether the agreement met the necessary legal standards and protected the interests of the employees and the employer.

The primary legal issues addressed by the Commission were whether the agreement complied with the provisions of the Fair Work Act, specifically whether it provided for the employees’ pay and conditions in a fair and reasonable manner, and whether it adhered to the relevant minimum standards. Additionally, the Commission needed to assess whether the agreement was free from any improper influence or coercion and whether it facilitated good faith bargaining. The Commission also had to ensure that the agreement did not contravene any other relevant industrial laws or regulations.

In its decision, the Commission examined the proposed agreement clause by clause, considering the parties' submissions and any relevant precedents. The Commission found that the agreement met all the statutory requirements and was fair and reasonable for the employees and employers. The agreement provided for adequate pay and conditions, aligned with the minimum standards set out in the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was the product of genuine bargaining and did not involve any improper influence or coercion. Consequently, the Commission approved the proposed agreement, finding it to be in compliance with the necessary legal standards.

The final order of the Commission was the approval of the Subcontractors Non Destructive Digging Enterprise Agreement 2024-2027 between MetroEnviro Maintenance Pty Ltd as trustee for MetroEnviro Maintenance Trust trading as Eldarin Services Metro and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors. The approved agreement would now serve as the basis for the terms and conditions of employment for the employees covered by the agreement 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