Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4178)

SPLH SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 4 DECEMBER 2024

Application for approval of the SPLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the SPLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 4 December 2024 and, in accordance with s.54 of the Act, will operate from 11 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 case before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a proposed enterprise agreement between SPLH Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The nature of the dispute centred on whether the agreement met the legal requirements for approval under the relevant industrial relations legislation. The matter was heard in the Fair Work Commission.

The legal issues the court needed to address included whether the agreement was genuinely a product of free and voluntary bargaining, whether it complied with the procedural requirements set out in the legislation, and whether it contained provisions that were contrary to public policy or contrary to any other relevant legislation. The court also had to consider whether the agreement was in the best interest of the employees covered by it.

The Fair Work Commission found that the agreement was a genuine product of free and voluntary bargaining, as evidenced by the detailed negotiations and discussions between the parties. The court determined that the agreement complied with all procedural requirements and did not contain any provisions that were contrary to public policy or any other relevant legislation. The commission concluded that the agreement was in the best interest of the employees covered by it. Consequently, the court approved the proposed enterprise agreement.

The Fair Work Commission's decision resulted in the approval of the SPLH Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, which will now be binding on the parties 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