Construction, Forestry and Maritime Employees Union

[2024] FWCA 3954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4015)

RMA CIVIL CONSTRUCTION MAJOR PROJECTS 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 RMA Civil Construction Major Projects 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 RMA Civil Construction Major Projects 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 (NERR) 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 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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for the approval of an enterprise agreement between the RMA Civil Construction Major Projects Pty Ltd and the CFMEU. This agreement was for the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement covering the years 2024 to 2027. The Commission was tasked with determining whether the agreement met the legal standards and criteria required for its approval.

The primary legal issues before the Commission were whether the agreement had been fairly and genuinely negotiated, if it complied with the relevant provisions of the Fair Work Act, and if it provided for terms and conditions that were fair and reasonable for the employees involved. The Commission also needed to assess whether the agreement included all mandatory provisions and if it allowed for genuine consultation between the parties. Additionally, the Commission considered if the agreement met the criteria for a single-enterprise agreement and if it contained any unlawful content.

In its decision, the Commission found that the agreement had been fairly and genuinely negotiated between the parties. It was determined that the agreement complied with all relevant provisions of the Fair Work Act, including those pertaining to mandatory terms and conditions. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and included all necessary mandatory provisions. The agreement was also found to facilitate genuine consultation between the parties, and it was deemed to be a single-enterprise agreement. The Commission further concluded that the agreement did not contain any unlawful content. As a result, the Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027.

The Commission's final orders included the approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. This decision ensures that the terms and conditions outlined in the agreement will govern the employment conditions of the employees within the specified enterprise for the duration of the agreement. The approval signifies the Commission's determination that the agreement meets the statutory requirements for fairness and compliance, and it provides a legally binding framework for the relationship between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established