DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6513)

DUNDRUM CIVIL (VIC) PTY LTD 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 COLMAN	MELBOURNE, 6 AUGUST 2021

Application for approval of the Dundrum Civil (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Dundrum Civil (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 6 August 2021 and, in accordance with s 54, will operate from 13 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the recent case of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was called upon to approve an enterprise agreement between Dundrum Civil (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The union sought approval of the agreement, while Dundrum Civil did not oppose the application. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The Fair Work Commission assessed the agreement to determine if it complied with the procedural and substantive fairness provisions of the Act. Procedural fairness required the Commission to consider if the agreement was made in good faith, and substantive fairness involved examining if the agreement provided for fair and reasonable terms and conditions. The union argued that the agreement was made in good faith and provided fair and reasonable terms and conditions for the employees. Dundrum Civil did not contest the application, thereby implicitly agreeing with the union's position.

Upon review, the Commission found that the agreement met the necessary requirements for approval. The Commission was satisfied that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The Commission also noted that the agreement included provisions for dispute resolution, minimum rates of pay, and other employment conditions that were in line with industry standards. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's decision to approve the enterprise agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable. This outcome provides clarity and certainty for both the union and the employer, facilitating a stable and productive working relationship.

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