DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5149)

EDCORE CIVIL 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, 28 MAY 2021

Application for approval of the EDCORE CIVIL 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 EDCORE CIVIL 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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 4 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the EDCORE CIVIL and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The agreement was made between the employer, EDCORE CIVIL, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the terms and conditions of employment outlined in the agreement and whether they met the legal standards set by the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable minimum rate of pay, appropriate working hours, and adequate conditions for the employees. Additionally, the Commission had to consider whether the agreement complied with the procedural fairness requirements under the Fair Work Act, including whether it was genuinely negotiated and whether the union had adequately represented its members. The employer argued that the agreement was fair and reasonable, while the union maintained that the terms were acceptable and in the best interests of the employees.

After thorough consideration of the arguments and evidence presented by both parties, the Commission found that the agreement met the legal standards required by the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable minimum rate of pay, appropriate working hours, and adequate conditions for the employees. The Commission also found that the agreement had been genuinely negotiated and that the union had adequately represented its members. Consequently, the Commission approved the agreement and made an order for its registration.

The final orders of the Commission were that the EDCORE CIVIL and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 be approved and registered as a registered agreement under section 171 of the Fair Work Act 2009. The agreement became effective from 1 July 2020 and will remain in force 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