Construction, Forestry and Maritime Employees Union

[2024] FWCA 3809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3968)

FLATLINE CONCRETING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 31 OCTOBER 2024

Application for approval of the FLATLINE CONCRETING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the FLATLINE CONCRETING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 3 September 2024 and the Agreement was made on 26 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 31 October 2024 and, in accordance with s.54 of the Act, will operate from 7 November 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Flatline Concreting Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division). The dispute centred on the application for approval of the Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027, which was to be registered under the Fair Work Act 2009. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with the jurisdiction to hear and determine workplace relations matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. This involved examining if the agreement had been made in accordance with the relevant provisions of the Act, if it complied with the requirements for enterprise agreements, and if it contained all the mandatory terms prescribed by the regulations. Additionally, the Commission needed to consider if the agreement provided for fair and reasonable terms and conditions, including provisions for the protection of workers' rights and interests.

In reaching its decision, the Commission considered the submissions from both parties and the relevant legislative framework. The Commission found that the agreement was appropriately made, in compliance with the Fair Work Act 2009, and contained all the mandatory terms required by the regulations. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the industry and the bargaining positions of the parties. As a result, the Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027 for registration.

The Fair Work Commission's final order was to approve the application for the registration of the Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027 between Flatline Concreting Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division). The agreement was to be registered under the Fair Work Act 2009, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established