Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4093)

DELCON 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, 12 NOVEMBER 2024

Application for approval of the DELCON 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 DELCON 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.

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 19 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 case involved an application for the approval of the DELCON CIVIL PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, which is responsible for regulating workplace agreements in Australia. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The central legal issues the Commission had to address included whether the agreement contained all the mandatory terms required by the Act, and if it adhered to the procedural requirements for approval, such as proper consultation and notice provisions.

The Commission examined whether the agreement included all the mandatory terms stipulated by the Fair Work Act 2009, such as minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The court also assessed if the agreement had been negotiated in good faith and if the necessary consultation processes had been followed. The Commission reviewed the evidence presented by both parties, including documentation of the negotiation process and consultation activities. After careful consideration, the Commission determined that the agreement satisfied all the mandatory term requirements and had been negotiated and consulted upon appropriately.

Based on its findings, the Commission approved the DELCON CIVIL PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The approval signifies that the agreement is now legally binding on the parties involved, and it will govern the employment terms and conditions for the specified period. The decision underscores the importance of adhering to the statutory requirements and procedural obligations when negotiating and approving enterprise agreements.

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