Construction, Forestry and Maritime Employees Union, HRV Earthmoving Pty Ltd

[2024] FWCA 4067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union, HRV Earthmoving Pty Ltd

(AG2024/4412)

HRV EARTHMOVING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the HRV EARTHMOVING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027

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

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application for the approval of the HRV Earthmoving Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The agreement in question was made under the Fair Work Act 2009 and seeks to regulate the terms and conditions of employment for subcontractors involved in earthmoving, excavation, and drainage activities within the enterprise.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Act. This involved examining if the agreement provided for a fair and efficient system of employee representation and if it contained provisions that were consistent with the objectives of the Act, including provisions for a fair and efficient system of enterprise bargaining. The Commission also had to consider whether the agreement contained terms and conditions of employment that were fair and consistent with the general principles of the Act.

In assessing the agreement, the Commission considered the evidence and submissions from both parties. The Commission noted that the agreement provided for a fair and efficient system of employee representation and contained provisions that aligned with the objectives of the Act. It was observed that the agreement included provisions for minimum wages, leave entitlements, and other employment conditions that were considered fair and consistent with the general principles of the Act. The Commission found that the agreement was made in good faith and without coercion, and that it did not contain any terms that were inconsistent with the Act.

Consequently, the Fair Work Commission approved the HRV Earthmoving Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The agreement was approved as meeting the criteria for approval under the Fair Work Act 2009, ensuring that the terms and conditions of employment for subcontractors in the specified industries would be regulated in a fair and efficient manner for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established