Construction, Forestry and Maritime Employees Union

[2024] FWCA 4296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4163)

KINGICRETEVIC 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, 4 DECEMBER 2024

Application for approval of the KINGICRETEVIC 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 KINGICRETEVIC 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 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of the Kingicrete Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027. The dispute centred around the terms and conditions of employment for subcontractors engaged in concrete placement activities within the construction industry in Victoria. The Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009 and met the criteria for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated, covered a genuine enterprise, and provided for minimum terms and conditions as stipulated by the Act. Furthermore, the Commission needed to assess if the agreement was fair and reasonable, taking into account various factors such as the economic circumstances of the parties, the nature of the enterprise, and the bargaining positions of the parties involved. The Commission also considered whether the agreement appropriately addressed the needs of the workforce and provided for adequate dispute resolution mechanisms.

Upon reviewing the evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated and covered a genuine enterprise. The Commission was satisfied that the agreement provided for minimum terms and conditions and was fair and reasonable. The Commission noted the careful consideration given to the economic circumstances and bargaining positions of both parties, as well as the needs of the workforce. The agreement was deemed to appropriately address these factors and provide for effective dispute resolution mechanisms.

The Commission approved the Kingicrete Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027, effective from 1 April 2024. The approved agreement will govern the employment terms and conditions of subcontractors engaged in concrete placement activities within the construction industry in Victoria for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established