Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4564)

CIVIWORKS CONCRETE CONSTRUCTION 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 COLMAN	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the Civiworks Concrete Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 Concrete Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 29 November 2024.

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 (CFMEU) applied for the approval of the Civiworks Concrete Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The dispute between the CFMEU and Civiworks Concrete Construction Pty Ltd centred on the terms and conditions of employment for concrete placement workers under the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act, including whether it included minimum terms and conditions, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement appropriately balanced the interests of the employees and the employer, and whether it provided for an effective dispute resolution process.

The Commission found that the agreement was made in good faith and without coercion, and included the mandated minimum terms and conditions. The agreement was also deemed to provide for an effective dispute resolution process. While some minor amendments were recommended to ensure compliance with the Act, the overall balance of the agreement was considered appropriate. Consequently, the Commission approved the enterprise agreement with the suggested modifications.

The final orders of the Commission included the approval of the Civiworks Concrete Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027, subject to the recommended amendments. The approved agreement was to be registered with the Fair Work Commission, and the parties were directed to implement the changes as soon as practicable.

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