Construction, Forestry and Maritime Employees Union

[2024] FWCA 4005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4027)

RST EARTHMOVING 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, 15 NOVEMBER 2024

Application for approval of the RST Earthmoving 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 RST Earthmoving 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 22 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 Construction, Forestry and Maritime Employees Union (CFMEU) and RST Earthmoving Pty Ltd applied to the Fair Work Commission for approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The agreement covers employees of RST Earthmoving Pty Ltd who are engaged as subcontractors within the earthmoving, excavation and drainage industries. The dispute centred around the terms and conditions of the proposed enterprise agreement and whether they were in compliance with the relevant industrial laws. The matter was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009, including the provisions relating to good faith bargaining and the minimum entitlements of employees. The Commission also needed to determine if the agreement met the standards of procedural fairness and whether it was in the best interests of the employees covered by the agreement.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement was in compliance with the relevant industrial laws. The Commission was satisfied that the agreement was the product of good faith bargaining and met the minimum standards for employee entitlements. The Commission also concluded that the agreement was procedurally fair and in the best interests of the employees. As a result, the Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027.

The Fair Work Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement sets out the terms and conditions of employment for employees of RST Earthmoving Pty Ltd engaged as subcontractors within the earthmoving, excavation and drainage industries.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established