Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4503)

REVOLUTION REINFORCING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2024

Application for approval of the Revolution Reinforcing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Revolution Reinforcing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 22 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between Revolution Reinforcing Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission. The primary legal issue the Commission needed to address was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and efficient workplace, if it dealt with the terms and conditions of employment fairly and efficiently, and if it was free from any unfair provisions.

The Commission carefully examined the proposed agreement to ensure it complied with the statutory requirements. It considered various aspects of the agreement, including the provisions related to the classification of employees, the rates of pay, the working conditions, and the dispute resolution mechanisms. The Commission also assessed whether the agreement had been genuinely negotiated between the parties and if it provided for a process to address any future changes in the industry. After thorough consideration, the Commission concluded that the proposed agreement met all the necessary criteria for approval. The Commission found that the agreement provided for a fair and efficient workplace, dealt with the terms and conditions of employment fairly and efficiently, and was free from any unfair provisions.

The Fair Work Commission approved the Revolution Reinforcing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. The Commission determined that the agreement was fair and efficient and complied with all statutory requirements. The approved agreement is set to be in effect from the date of the Commission’s decision and will govern the terms and conditions of employment for the employees of Revolution Reinforcing Pty Ltd for the duration specified.

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