DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6864)

TRACK WORKS PLANT PTY LTD T/AS TRACK WORKS CIVIL CONTRACTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 SEPTEMBER 2021

Application for approval of the TRACK WORKS PLANT PTY LTD T/As TRACK WORKS CIVIL CONTRACTING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the TRACK WORKS PLANT PTY LTD T/As TRACK WORKS CIVIL CONTRACTING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Track Works Plant Pty Ltd T/As Track Works Civil Contracting and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The application was made by the CFMEU, and the company opposed the application. The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically regarding wages, hours of work, and other employment conditions for workers in the earthmoving, excavation, and drainage sectors.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the applicable provisions of the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and the broader industry.

After hearing submissions from both parties and considering the relevant legal principles, the Commission found that the proposed agreement met the necessary requirements under the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific needs and circumstances of the industry. Additionally, the Commission found that the agreement was in the best interests of the employees and the industry as a whole. Accordingly, the Commission approved the proposed enterprise agreement, which will now be in effect from 1 July 2020 until 30 June 2023.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established