Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWC 2701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2810)

Hicks Trading Pty Ltd trading as Twin City Civil and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

[AE521247]

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 23 AUGUST 2023

Application for approval of the HICKS TRADING PTY LTD T/AS TWIN CITY CIVIL and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the HICKS TRADING PTY LTD T/AS TWIN CITY CIVIL and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 (the Agreement). It has been made by Construction, Forestry, Mining and Energy Union. 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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application for approval of the HICKS TRADING PTY LTD T/AS TWIN CITY CIVIL and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The applicant, Construction, Forestry, Mining and Energy Union, sought the approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval under the Act, particularly sections 186, 187, and 188. The Union asserted that the agreement was a bona fide attempt to regulate their workplace relations and sought to have it approved to cover its members.

The court was required to determine whether the agreement met all the necessary criteria for approval under the Fair Work Act 2009. This included verifying whether the agreement was a genuine attempt to regulate workplace relations, whether it was made in good faith, and whether it was appropriately certified. Additionally, the court had to consider whether the agreement met the requirements for coverage of the organisation as stipulated in section 201(2) of the Act.

Commissioner Lee concluded that the agreement met all the relevant criteria for approval under the Fair Work Act 2009. The Union had provided notice under section 183 of the Act that it wanted the agreement to cover it, and the agreement was deemed to cover the organisation in accordance with section 201(2). The court found that the agreement was a bona fide attempt to regulate workplace relations and had been made in good faith. The court approved the agreement, which will operate from 30 August 2023, with a nominal expiry date of 31 December 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established