Construction, Forestry and Maritime Employees Union

[2024] FWCA 4252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4562)

RG JACKHAMMERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ROCKBREAKER ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the RG JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the RG JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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 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 parties involved in the case were the Construction, Forestry and Maritime Employees Union (CFMEU) and RG Jackhammering Pty Ltd. The dispute centred on the application for approval of the RG Jackhammering Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, an Australian body responsible for resolving disputes related to employment and workplace relations.

The primary legal issues before the court were whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 and whether it complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine if the agreement was "better off overall" for the employees and if it adhered to the criteria set forth in the legislation. The court also needed to ensure that the agreement was fairly negotiated and did not unfairly discriminate against any employee.

The Fair Work Commission reviewed the agreement in detail, considering the provisions, the negotiation process, and the impact on the employees. The court found that the Enterprise Agreement was fairly negotiated and met the "better off overall" test. The agreement provided for fair wages, conditions, and benefits for the employees, and it did not contain any unfair discrimination. Consequently, the court approved the agreement, ensuring that it would be in effect for the specified period. The approval of the Enterprise Agreement allows RG Jackhammering Pty Ltd and the CFMEU to proceed with implementing the agreed terms and conditions for the rockbreakers employed by the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established