Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4002)

PAGE PLANT HIRE PTY.LTD T/AS PPH EARTHMOVING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 26 NOVEMBER 2024

Application for approval of the Page Plant Hire Pty.Ltd T/AS PPH Earthmoving and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Page Plant Hire Pty.Ltd T/AS PPH Earthmoving and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Page Plant Hire Pty. Ltd trading as PPH Earthmoving and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, the Federal Circuit and Family Court of Australia was presented with a case where the union and the employer sought to have their enterprise agreement approved. The agreement was intended to govern the terms and conditions of employment for workers in the subcontracting sector of the earthmoving, excavation, and drainage industries within Victoria.

The court was tasked with determining whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it was made in good faith and whether it contained the minimum terms prescribed by the Act. Key issues included whether the agreement was consistent with the public interest, whether the parties had genuinely bargained for the agreement, and whether it provided for a safety net of minimum terms that would apply to employees not covered by the agreement.

The court examined the evidence presented by both parties, including witness testimonies and the bargaining history of the agreement. It found that the agreement was made in good faith and contained all the minimum terms required by the Act. The court also determined that the agreement was consistent with the public interest and provided a fair and reasonable safety net of minimum terms for the relevant employees. Consequently, the court approved the enterprise agreement, recognising its compliance with the legislative requirements.

The final orders of the court included the approval of the Page Plant Hire Pty. Ltd and the Construction, Forestry and Maritime Employees Union Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, which was to be registered with the Fair Work Commission. The agreement was deemed to be in effect from the date of approval and would apply to the employees covered by 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