DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5686)

LUKA TIPPERS & EXCAVATION 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
COMMISSIONER LEE	MELBOURNE, 2 JULY 2021

Application for approval of the LUKA TIPPERS & EXCAVATION PTY LTD 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 LUKA TIPPERS & EXCAVATION PTY LTD 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the LUKA TIPPERS & EXCAVATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The dispute was brought before the Fair Work Commission, which was required to determine if the agreement met the legal standards for approval. The primary legal issues involved whether the agreement adhered to the requirements of the Fair Work Act 2009, including its provisions on good faith bargaining and the protection of employee rights.

The Commission examined the processes and contents of the agreement. It assessed whether the agreement was genuinely made without any undue influence or coercion, and whether it provided fair and reasonable terms for the employees. The Commission considered the evidence presented by both parties and whether the agreement met the statutory criteria for approval. After careful consideration of the evidence and the relevant legal standards, the Commission determined that the agreement was valid and met the necessary requirements for approval.

The Commission found that the agreement was made in good faith and provided fair and reasonable terms for the employees. The Commission was satisfied that the bargaining process was free from undue influence and that the agreement complied with the statutory provisions. The Commission approved the agreement, highlighting that it met the legal standards and would provide for the fair treatment of the employees. The approval of the agreement ensures that the terms and conditions of employment for the workers are governed by a legally binding and fair enterprise agreement.

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