| [2024] FWCA 4295 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4161)
CIVIL INFRASTRUCTURE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 4 DECEMBER 2024 |
Application for approval of the CIVIL INFRASTRUCTURE GROUP 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 CIVIL INFRASTRUCTURE GROUP 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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 4295
- Case
- [2024] FWCA 4295
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the terms of the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether they provided for minimum terms and conditions of employment, and whether they were free from prohibited content. The Commission had to determine if the agreement was in the best interests of the employees covered by it.
In delivering its decision, the Commission noted that the application was unopposed and that the agreement contained provisions that met the minimum standards set out in the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was free from prohibited content. The Commission also considered the impact of the agreement on the employees and concluded that it was in their best interests. Consequently, the Commission approved the enterprise agreement, effective from 1 July 2024.
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