Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2786)

EARTHWORKS DIRECT PTY LTD AS TRUSTEE FOR MITCHELL TROMP FAMILY TRUST 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, 22 AUGUST 2023

Application for approval of the EARTHWORKS DIRECT PTY LTD AS TRUSTEE FOR MITCHELL TROMP FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the EARTHWORKS DIRECT PTY LTD AS TRUSTEE FOR MITCHELL TROMP FAMILY TRUST 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.

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.

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 29 August 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 case before the Fair Work Commission was an application for the approval of a proposed enterprise agreement between Earthworks Direct Pty Ltd, as trustee for the Mitchell Tromp Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The union had applied to the Commission for its approval, which is a statutory requirement for such agreements. The application came before the Fair Work Commission, which had to assess whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met all the necessary statutory requirements under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions of employment, if it had been made in good faith, and if it included provisions for employee representation and dispute resolution. The Commission also needed to consider whether the agreement unfairly disadvantaged any group of employees or had any other implications that might be contrary to the public interest.

In its decision, the Commission undertook a detailed examination of the proposed agreement, considering the submissions from both parties and the broader implications of the agreement. The Commission noted that the agreement had been negotiated in good faith and contained provisions that met the minimum standards set by the Fair Work Act. The Commission was satisfied that the agreement provided for adequate terms and conditions of employment and included mechanisms for employee representation and dispute resolution. After careful consideration, the Commission concluded that the agreement did not unfairly disadvantage any group of employees and was in the public interest.

Consequently, the Fair Work Commission approved the proposed enterprise agreement. The decision was made in accordance with the statutory requirements and reflects the Commission's role in ensuring that enterprise agreements are fair and meet the necessary legal standards.

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