Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8581)

GREEN VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 DECEMBER 2021

Application for approval of the GREEN VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the GREEN VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Maritime, Mining and Energy Union, sought approval of a proposed enterprise agreement between Green Vic Pty Ltd and the union. The agreement in question pertains to employees in the construction industry. The Fair Work Commission was the forum for this dispute, where the primary focus was on the fairness and compliance of the proposed agreement with relevant industrial laws.

The legal issues before the Commission centred on whether the proposed agreement met the necessary standards of procedural fairness and substantive fairness. Procedural fairness required the union to have genuinely negotiated the agreement with the employer and provided it to employees for their consideration. Substantive fairness involved ensuring that the agreement did not disadvantage employees, particularly in terms of their pay and conditions. The Commission also needed to verify that the agreement complied with the requirements set out in the Fair Work Act 2009.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the provisions of the agreement. It assessed whether the union had acted in good faith and whether the agreement provided for fair terms and conditions. The Commission noted that while some employees had expressed concerns, the majority supported the agreement. The Commission was satisfied that the procedural fairness requirements were met and that the agreement was not detrimental to the employees. The Commission concluded that the proposed agreement was fair and approved it, taking into account the overall benefits to the employees and the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established