Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4712)

CIVIWORKS 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 COLMAN	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Civiworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

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

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 6 December 2024.

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 the Civiworks Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The dispute centred on the fairness and appropriateness of the proposed agreement's terms and conditions for subcontractors involved in earthmoving, excavation, and drainage work within the construction industry. The Commission was tasked with ensuring the agreement met the statutory requirements set out in the Fair Work Act 2009 and that it did not unfairly disadvantage any party.

The legal issues before the Commission included whether the proposed agreement was genuinely bargained, if it complied with the relevant provisions of the Fair Work Act, and whether it was procedurally and substantively fair to all parties involved. The Commission had to consider the nature of the bargaining process, the fairness of the agreement's terms, and whether it met the standard set by existing awards and agreements in the industry. The Commission also had to ensure the agreement did not undermine the rights of employees and provided adequate protections and benefits.

After thorough consideration of the submissions and evidence presented by both parties, the Commission determined that the proposed agreement was genuinely bargained and complied with the requirements of the Fair Work Act. The Commission found that the agreement was procedurally fair, as it was the result of good faith negotiations between the parties. The terms and conditions of the agreement were found to be substantively fair, providing adequate protections and benefits to the employees. The Commission was satisfied that the agreement did not undermine the rights of employees and would provide a fair and equitable outcome for both the employer and the employees. Consequently, the Commission approved the agreement, and it will now be in effect from the date of the decision.

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