Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4217)

TWINTRACK CIVIL PTY LTD 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, 20 NOVEMBER 2024

Application for approval of the TWINTRACK CIVIL PTY LTD 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 TWINTRACK CIVIL PTY LTD 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 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 27 November 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

The parties involved in this matter are the Construction, Forestry and Maritime Employees Union and TWINTRACK CIVIL PTY LTD. The dispute centres on the proposed Enterprise Agreement for subcontractors in the earthmoving, excavation, and drainage sectors, covering the years 2024 to 2027. The Fair Work Commission was tasked with determining whether the proposed agreement should be approved. The Commission had to consider whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the fair and efficient determination of employees' terms and conditions of employment, and whether it was appropriately negotiated.

The legal issues before the Commission included whether the proposed agreement adequately addressed the needs and concerns of the employees, particularly in relation to wages, conditions, and dispute resolution mechanisms. The Commission also needed to ensure that the agreement was genuinely negotiated between the parties and that it complied with relevant statutory provisions. Additionally, the Commission considered whether the agreement provided for a fair and efficient determination of employees' terms and conditions of employment.

In making its decision, the Commission noted that the proposed agreement was the result of genuine negotiations between the parties. It found that the agreement provided for fair and efficient determination of employees' terms and conditions of employment, including appropriate wage rates and conditions. The Commission also concluded that the agreement met all statutory requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the TWINTRACK CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. This approval means the agreement will now serve as the basis for the terms and conditions of employment for the relevant employees during the specified period.

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