Construction, Forestry and Maritime Employees Union

[2024] FWCA 3704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3833)

SPIROPOULOS FAMILY TRUST (THE TRUSTEE FOR) T/AS EURO PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 24 OCTOBER 2024

Application for approval of the SPIROPOULOS FAMILY TRUST (THE TRUSTEE FOR) T/AS EURO PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 -2027

An application has been made for approval of an enterprise agreement known as the SPIROPOULOS FAMILY TRUST (THE TRUSTEE FOR) T/AS EURO PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 31 October 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

In the case of the Construction, Forestry and Maritime Employees Union versus Euro Precast Pty Ltd, the dispute arose in the Fair Work Commission. The Construction, Forestry and Maritime Employees Union sought approval for an enterprise agreement between Euro Precast Pty Ltd and the CFMEU. This agreement, known as the Subcontractors Precast Panel Enterprise Agreement 2024-2027, aimed to set out the terms and conditions of employment for workers in the precast panel industry. The Trust, acting as the trustee for Euro Precast Pty Ltd, also participated in the proceedings, seeking to establish the terms under which their employees would operate.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This involved ensuring the agreement covered the appropriate bargaining unit, did not include terms that were contrary to public policy, and was fair and reasonable. The Commission had to examine whether the agreement provided for minimum entitlements and whether it contained any terms that would unfairly disadvantage employees or employers.

The Fair Work Commission determined that the Subcontractors Precast Panel Enterprise Agreement 2024-2027 complied with the legislative requirements. The Commission found that the agreement appropriately defined the bargaining unit and contained terms that were fair and reasonable. It was noted that the agreement provided for minimum entitlements and did not include any terms that were contrary to public policy or would unfairly disadvantage either party. Consequently, the Commission approved the agreement, enabling it to come into effect as intended.

The Fair Work Commission’s decision was to approve the Subcontractors Precast Panel Enterprise Agreement 2024-2027, affirming its compliance with the Fair Work Act 2009. This ruling ensures that the agreement will govern the employment terms and conditions for the specified bargaining unit, providing a legally binding framework for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established