Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4287)

INDEPENDENT EARTHWORKS 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
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 NOVEMBER 2024

Application for approval of the Independent Earthworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 Independent Earthworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 12 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 an enterprise agreement between Independent Earthworks Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for subcontractor earthmoving, excavation, and drainage work, spanning the years 2024 to 2027. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement met the requirements for approval under the legislation. Specifically, the Commission had to determine if the agreement was in the interests of employees, if it complied with the good faith bargaining principles, and if it contained all the mandatory terms and conditions prescribed by law.

The Commission examined the proposed agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions. The Commission also assessed the process of bargaining to ensure it adhered to good faith principles. The evidence presented by both parties indicated that the agreement was the result of extensive and genuine bargaining efforts. The Commission found that the proposed agreement was fair and balanced, providing for reasonable terms and conditions that were in the best interests of the employees involved. The agreement included provisions for wage increases, improved leave entitlements, and other benefits, which were considered adequate and appropriate given the nature of the work and industry standards.

Following its analysis, the Commission concluded that the proposed enterprise agreement met all the statutory requirements for approval. The agreement was deemed to be fair, reasonable, and in the best interests of the employees. Consequently, the Commission approved the application for the Independent Earthworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. This approval ensures that the terms and conditions set out in the agreement will be legally binding on the parties for 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