Construction, Forestry and Maritime Employees Union

[2024] FWCA 4369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4640)

DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL INDIGENOUS EMPLOYMENT & TRAINING ENTERPRISE AGREEMENT 2024-2027

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 DECEMBER 2024

Application for approval of the DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Indigenous Employment & Training Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Indigenous Employment & Training Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 July 2024 and the Agreement was made on 12 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union 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 is approved and, in accordance with s.54 of the Act, will operate from 16 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 Fair Work Commission (FWC) considered an application for approval of a subcontractor traffic control Indigenous employment and training enterprise agreement between Dardi Munwurro Labour & Traffic Management Pty Limited and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was proposed for a period of 2024 to 2027 and was intended to cover employees engaged in traffic control services.

The central legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was in the public interest and if it provided fair and reasonable terms and conditions for the employees involved. This required an assessment of the agreement's provisions regarding wages, hours of work, and other employment conditions, as well as its compliance with the requirements for Indigenous employment and training.

In its decision, the FWC carefully reviewed the agreement's provisions and found that it adequately addressed the needs and interests of both the employer and the employees. The FWC noted that the agreement included provisions for fair wages and reasonable working hours, as well as specific measures to support Indigenous employment and training. The FWC concluded that the agreement was in the public interest and provided fair and reasonable terms and conditions for the employees. Therefore, the FWC approved the agreement.

The Fair Work Commission approved the Dardi Munwurro Labour & Traffic Management Pty Limited and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Indigenous Employment & Training Enterprise Agreement 2024-2027. The agreement will now be registered and will come into effect on the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established