Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3005)

PROJECT 1 LINEMARKING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CIVIL LINE MARKER & ASSOCIATED TRAFFIC CONTROL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 SEPTEMBER 2023

Application for approval of the PROJECT 1 LINEMARKING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil Line Marker & Associated Traffic Control Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PROJECT 1 LINEMARKING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil Line Marker & Associated Traffic Control 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 12 July 2023 and the Agreement was made on 18 August 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, an application was filed by PROJECT 1 LINEMARKING PTY LTD, a contractor in the civil line marking and traffic control industry, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Civil Line Marker & Associated Traffic Control Enterprise Agreement 2020-2023. The application sought the Commission's approval of the proposed agreement, which sets out the terms and conditions of employment for workers in the industry. The CFMEU is the representative for the employees, while PROJECT 1 LINEMARKING PTY LTD is the employer. The central issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms of employment and whether it complied with the relevant provisions of the Act.

The Commission considered the submissions from both parties and evaluated the proposed agreement against the relevant legal framework. The Commission found that the proposed agreement provided for fair and reasonable terms of employment and that it complied with the requirements of the Act. The Commission noted that the proposed agreement provided for a range of protections for employees, including minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement provided for flexibility in the workplace, allowing for changes to be made to the agreement in the future in response to changes in the industry. Based on this evaluation, the Commission approved the proposed agreement.

The Fair Work Commission approved the proposed agreement, subject to certain conditions. The Commission found that the agreement provided for fair and reasonable terms of employment and that it complied with the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a range of protections for employees and that it allowed for flexibility in the workplace. The Commission's approval of the agreement ensures that workers in the civil line marking and traffic control industry will have access to fair and reasonable terms of employment.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established