DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5970)

DRT CIVIL 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, 12 JULY 2021

Application for approval of the DRT Civil 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 DRT Civil 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. 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), I note that the Agreement covers the CFMMEU.

[3] The Agreement was approved on 12 July 2021 and, in accordance with s 54, will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by DRT Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement, titled the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, which is Australia's independent national workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the 'better off overall test' (BOOT), and whether it contained any terms that were unfair or contrary to public policy. The Commission had to examine various aspects of the agreement, such as pay rates, working conditions, and other employment terms, to determine if they met the legislative standards.

In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement satisfied all the legal requirements. The Commission confirmed that the agreement complied with the BOOT, meaning that the employees would be better off overall with the new agreement than they would be under the applicable award. Additionally, the Commission determined that there were no unfair or contrary to public policy terms within the agreement. As such, the application for approval was granted.

As a result of the Commission's decision, the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 was approved and is now in effect for the period specified.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established