Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2670)

SEYMOUR WHYTE CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MAJOR CIVIL CONTRACTOR ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 AUGUST 2023

Application for approval of the SEYMOUR WHYTE CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the SEYMOUR WHYTE CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 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 25 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 matter involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Seymour Whyte Contractors Pty Ltd. The primary issue was the application for the approval of the Major Civil Contractor Enterprise Agreement 2023 between the two parties. The Fair Work Commission was the court that heard the matter.

The legal issues that the Commission had to address included whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 233 and 234. The Commission needed to determine if the agreement was in the public interest, fair, and did not undermine the operation of the safety net of minimum terms and conditions. It was also necessary to ensure that the agreement provided for genuine collective bargaining and did not cause undue detriment to any party.

In its decision, the Commission examined the provisions of the agreement, considering the parties' submissions and any relevant evidence. The Commission found that the agreement was fair and met the requirements of the Fair Work Act. It determined that the agreement provided for genuine collective bargaining and did not cause undue detriment to either party. The Commission also concluded that the agreement was in the public interest and did not undermine the safety net of minimum terms and conditions. Consequently, the Commission approved the Major Civil Contractor Enterprise Agreement 2023.

The Fair Work Commission approved the Major Civil Contractor Enterprise Agreement 2023 between the CFMEU and Seymour Whyte Contractors Pty Ltd, finding it to be fair and in the public interest. The Commission's approval was based on the agreement meeting the requirements of the Fair Work Act and providing for genuine collective bargaining. No undue detriment was found to result from the agreement, and it did not undermine the safety net of minimum terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established