Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4370)

BESIX WATPAC AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the BESIX WATPAC and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the BESIX WATPAC and the CFMEU (Victorian Construction and General Division) Builder 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 5 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, along with other trade unions, applied for approval of the BESIX WATPAC and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027. The unions sought approval under the Fair Work Act 2009 to ensure that the agreement met the statutory requirements and was beneficial to the employees involved.

The legal issues before the Commission involved determining whether the enterprise agreement satisfied the criteria for registration and approval as stipulated in the Fair Work Act. The Commission had to consider if the agreement addressed the minimum terms and conditions required by the law, and if it was fair and reasonable for the employees involved. Additionally, the Commission needed to assess if the agreement was made in good faith and without coercion.

After considering the submissions from both the unions and BESIX WATPAC, the Commission found that the enterprise agreement met the necessary statutory requirements. The Commission determined that the agreement was fair and reasonable, and it had been made in good faith. The terms and conditions were deemed to be appropriate and beneficial for the employees covered by the agreement.

The Commission approved the BESIX WATPAC and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027, effective from 1 July 2024. This decision was based on the finding that the agreement complied with the legal standards set forth in the Fair Work Act, and it was beneficial to the employees within the scope of the agreement.

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