Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2928)

WOLF PROJECTS GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2023

Application for approval of the Wolf Projects Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Wolf Projects Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder 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.

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 13 September 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wolf Projects Group Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEUVCGD). The union had certified the agreement, and the Fair Work Commission was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant and the union jointly applied for the agreement to be approved, and the union did not oppose the application. The union argued that the agreement was in the best interests of the employees covered by the agreement.

The central legal issue was whether the agreement met the statutory requirements for approval. The union argued that the agreement was in the best interests of the employees. The applicant sought to establish that the agreement contained appropriate provisions for employees’ wages and conditions. The union did not oppose the application and did not raise any objections to the agreement.

The Fair Work Commission approved the agreement. The Commission found that the agreement met the requirements for approval, including that it was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the union had not opposed the application. The Commission also found that the agreement contained appropriate provisions for employees’ wages and conditions.

The Fair Work Commission approved the Builder Enterprise Agreement 2020-2023 between the applicant and the union. The Commission found that the agreement met the statutory requirements for approval, including that it was in the best interests of the employees. The Commission also found that the agreement contained appropriate provisions for employees’ wages and conditions. No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established