Construction, Forestry and Maritime Employees Union

[2024] FWCA 4162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4473)

NORCON SLIPFORMING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB, CHANNEL & PAVEMENT ENTERPRISE AGREEMENT 2024 - 2027

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Norcon Slipforming Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Norcon Slipforming Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement 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

The case before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve a proposed enterprise agreement between Norcon Slipforming Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027. The dispute centred on the fairness, scope, and compliance of the proposed agreement with relevant industrial laws and regulations.

The court was tasked with determining whether the proposed agreement was in accordance with the Fair Work Act 2009 and whether it had been negotiated in good faith. This included assessing whether the agreement provided for the employees' rights and obligations fairly, and whether it adhered to the procedural requirements set forth in the Fair Work Act. Additionally, the court had to consider whether the agreement met the standards of procedural fairness and whether it was appropriate for the employees to be represented by the CFMEU.

The court examined the submissions from both the applicant union and the other parties involved. It found that the proposed agreement was fair and reasonable, and that it had been negotiated in good faith. The court concluded that the agreement provided for the employees' rights and obligations fairly, and that it complied with the procedural requirements of the Fair Work Act. The court also determined that the agreement met the standards of procedural fairness and that the employees were appropriately represented by the CFMEU.

The court approved the Norcon Slipforming Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act. The decision was made on the basis that the agreement was fair, reasonable, and negotiated in good faith, and that it complied with all relevant industrial laws and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established