Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4308)

GEELONG PRECAST UNIT TRUST (THE TRUSTEE FOR) T/AS COEN PRECAST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 NOVEMBER 2024

Application for approval of the Geelong Precast Unit Trust (The Trustee For) T/AS Coen Precast and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 Geelong Precast Unit Trust (The Trustee For) T/AS Coen Precast and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 before the court involved an application by the Geelong Precast Unit Trust (acting as trustee for Coen Precast) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) to have the Subcontractors Precast Panel Enterprise Agreement 2024 - 2027 approved. The nature of the dispute centred on whether the proposed agreement met the necessary criteria under the Fair Work Act 2009, specifically with regard to the terms and conditions of employment for workers in the precast panel industry. The matter was heard by the Fair Work Commission, an Australian government body with the authority to oversee and approve enterprise agreements.

The central legal issue was whether the agreement satisfied the requirements set out in the Fair Work Act. This included ensuring that the agreement was made in good faith and that it provided for the terms and conditions of employment of the relevant employees. The court had to consider whether the agreement was in line with the Fair Work Act's provisions, including its fairness and compliance with minimum standards. Additionally, the court needed to assess whether the agreement was made without coercion and whether it was genuinely negotiated between the employer and the union.

In its reasoning, the court found that the application for approval of the enterprise agreement was properly made and that the agreement itself was in compliance with the Fair Work Act. The court examined the negotiation process and concluded that it was conducted in good faith, without coercion, and that the agreement met the statutory requirements. The terms and conditions within the agreement were found to be fair and to provide for the minimum standards of employment as mandated by the Act. Consequently, the court approved the Geelong Precast Unit Trust (The Trustee For) T/AS Coen Precast and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027.

The final orders of the court were to approve the enterprise agreement as it met all the statutory requirements under the Fair Work Act. The agreement was to be registered and would apply to the relevant employees from the effective date specified within the agreement. This decision ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

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