| [2024] FWCA 4163 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4517)
CPS UNIT TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 27 NOVEMBER 2024 |
Application for approval of the CPS UNIT TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the CPS UNIT TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 October 2024 and the Agreement was made on 11 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 4 December 2024. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526905 PR781742>
- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 4163
- Case
- [2024] FWCA 4163
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement was made in good faith and involved genuine bargaining, whether it complied with the requirements of the Fair Work Act, and whether it was in the best interests of the employees covered by the agreement. The Commission also needed to consider whether the agreement was fair and reasonable in terms of its provisions and the process through which it was negotiated.
In delivering its decision, the Commission examined the evidence and submissions from both parties, including the negotiation process, the terms of the agreement, and the interests of the employees. The Commission found that the agreement was made in good faith and involved genuine bargaining, and that it complied with the relevant provisions of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable and in the best interests of the employees it covered. As a result, the Commission approved the agreement and ordered its registration.
The Fair Work Commission approved the CPS Unit Trust (the Trustee for) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024-2027 and ordered its registration.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.