Construction, Forestry and Maritime Employees Union

[2024] FWCA 3666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3893)

LUX EMPLOYMENTS TRUST (THE TRUSTEE FOR) 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, 22 OCTOBER 2024

Application for approval of the Lux Employments Trust (the trustee for) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CMEU) has made an application for approval of an enterprise agreement known as the Lux Employments Trust (the trustee for) 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 22 October 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 the Lux Employments Trust, acting as trustee for the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027. The dispute was heard in the Fair Work Commission, a tribunal with jurisdiction over workplace relations matters in Australia. The Commission was asked to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This involved an assessment of whether the agreement had been made in accordance with the relevant industrial laws, including whether the requisite consultation had occurred and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement promoted the objectives of the Fair Work Act, including by ensuring fairness in the workplace and providing for the effective resolution of workplace disputes.

The Fair Work Commission found that the proposed agreement met the necessary procedural and substantive requirements. The Commission determined that the requisite consultation processes had been undertaken and that the agreement contained fair and reasonable terms and conditions for the employees covered by the agreement. The Commission was satisfied that the agreement promoted the objectives of the Fair Work Act and would facilitate the resolution of workplace disputes in a fair and efficient manner. Accordingly, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the proposed enterprise agreement between the Lux Employments Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027. The Commission found that the agreement met the necessary procedural and substantive requirements under the Fair Work Act. The Commission determined that the requisite consultation processes had been undertaken and that the agreement contained fair and reasonable terms and conditions for the employees covered by the agreement. The Commission was satisfied that the agreement promoted the objectives of the Fair Work Act and would facilitate the resolution of workplace disputes in a fair and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established