Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7008)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the MAXCON CONSTRUCTIONS 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 MAXCON CONSTRUCTIONS 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, 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 21 September 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Builder Enterprise Agreement 2020-2023 between MAXCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division). The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly concerning the procedures and criteria for the approval of enterprise agreements.

The primary legal issue before the court was whether the agreement met the statutory requirements for registration under the Fair Work Act. This involved an examination of whether the agreement had been made in good faith, whether it contained the appropriate minimum terms and conditions, and whether it had been appropriately negotiated. Furthermore, the court considered whether the union had followed the correct procedures in submitting the agreement for approval, including whether the requisite notices and disclosures were properly made.

The court examined the details of the agreement, including the negotiation process, the content of the agreement, and the submissions made by both parties. The court found that the agreement was made in good faith and contained the necessary minimum terms. Additionally, the union had followed the correct procedures in submitting the agreement for approval. Therefore, the court approved the agreement, finding it to be compliant with the statutory requirements. The final orders confirmed the registration of the Builder Enterprise Agreement 2020-2023 between MAXCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established