Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3765)

ADVANCED PRECAST (VIC) PTY LTD T/AS ADVANCED PRECAST (AUST) 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, 10 OCTOBER 2024

Application for approval of the Advanced Precast (Vic) Pty Ltd T/As Advanced Precast (Aust) 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 Advanced Precast (Vic) Pty Ltd T/As Advanced Precast (Aust) 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 10 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 the Advanced Precast (Vic) Pty Ltd T/As Advanced Precast (Aust) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement was in the public interest, fair, and balanced, and if it adhered to the relevant legislative provisions.

The legal issues the court had to decide included whether the agreement was genuinely a bargain between the parties, if it was free from any improper influences, and if it provided fair and reasonable terms and conditions for the employees. Additionally, the court needed to consider whether the agreement complied with the "better off overall test" and if it contained all the required minimum terms as stipulated by the Fair Work Act. The court also had to examine if the agreement addressed the specific needs and interests of the employees within the relevant industry.

In its reasoning, the court examined the terms and conditions of the agreement in detail, assessing whether they were fair and reasonable. It considered the bargaining positions of the parties, the nature of the industry, and the impact of the agreement on the employees. The court concluded that the agreement was a genuine bargain between the parties, free from any improper influences. It found that the agreement met the better off overall test and provided fair and reasonable terms and conditions for the employees. The court also determined that the agreement contained all the required minimum terms and addressed the specific needs and interests of the employees within the industry. Based on these findings, the court approved the agreement.

The final orders of the court included the approval of the Advanced Precast (Vic) Pty Ltd T/As Advanced Precast (Aust) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027, effective from the date of the decision. The agreement was deemed to be in the public interest and compliant with the Fair Work Act 2009. The court's decision provided clarity and certainty for the parties involved and established a fair and balanced agreement for the employees within the relevant industry.

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