Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4108)

SPEEDPRO INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 NOVEMBER 2024

Application for approval of the SPEEDPRO INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the SPEEDPRO INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 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 2 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 Fair Work Commission, the Construction, Forestry and Maritime Employees Union, represented by the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), applied for the approval of the SPEEDPRO INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The union and the employer, Speedpro Industries Pty Ltd, were engaged in negotiations to establish the terms and conditions of employment for formwork subcontractors within the specified period. The crux of the dispute lay in the interpretation and compliance of the proposed agreement with the relevant legislative framework, including the Fair Work Act 2009 and other relevant industrial instruments.

The central legal issues before the Commission were whether the proposed enterprise agreement met the criteria for registration as a protected action agreement, whether it complied with the substantive and procedural fairness requirements, and if it appropriately balanced the interests of the employees and the employer. The Commission needed to assess whether the agreement was made in good faith, whether it provided for minimum terms and conditions of employment, and whether it adhered to the principles of enterprise bargaining as outlined in the Fair Work Act.

After a thorough examination of the submissions and evidence provided by both parties, the Commission determined that the proposed agreement satisfied the necessary requirements for approval. The Commission found that the agreement was made in good faith, provided for the minimum terms and conditions, and appropriately balanced the interests of both the union and the employer. The agreement was found to comply with the procedural and substantive fairness requirements, ensuring that the employees' rights and interests were adequately protected. Therefore, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the SPEEDPRO INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from the date of the approval. This decision ensures that the terms and conditions of employment for formwork subcontractors within the specified period are governed by the agreed-upon provisions, providing a stable and fair framework for both the union and the employer to operate within.

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