Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2533)

REDMOUNT PTY LTD T/AS ADSIM EXCAVATIONS AS TRUSTEE FOR THE SIMPSON FAMILY TRUST T/AS SIMPSON FAMILY TRUST CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 AUGUST 2023

Application for approval of the REDMOUNT PTY LTD T/As ADSIM EXCAVATIONS AS TRUSTEE FOR THE SIMPSON FAMILY TRUST T/As SIMPSON FAMILY TRUST 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 REDMOUNT PTY LTD T/As ADSIM EXCAVATIONS AS TRUSTEE FOR THE SIMPSON FAMILY TRUST T/As SIMPSON FAMILY TRUST 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.

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 15 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 applicants, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of a new enterprise agreement for subcontractors in the earthmoving, excavation, and drainage sectors in Victoria. The respondents, REDMOUNT PTY LTD trading as ADSIM EXCAVATIONS as trustee for the SIMPSON FAMILY TRUST trading as SIMPSON FAMILY TRUST, opposed the application. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval and whether it was in the best interests of the employees covered by the agreement.

The Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment, including wages and other benefits. It also considered whether the agreement was appropriately negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission noted that the agreement provided for the establishment of a Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. It concluded that the agreement was fairly and reasonably negotiated and that it provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement was in the best interests of the employees covered by it.

The Fair Work Commission approved the proposed enterprise agreement, finding that it met the statutory requirements for approval. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was fairly and reasonably negotiated and provided for fair and reasonable terms and conditions of employment. The Commission considered the overall balance of the agreement and the interests of the employees it covered. The Commission approved the agreement, which will now govern the employment conditions of subcontractors in the earthmoving, excavation, and drainage sectors in Victoria for the period 2020-2023.

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