Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2007)

FOX GEOSPATIAL PTY LTD AS TRUSTEE FOR MOORE FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MARKING AND SETTING OUT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2023

Application for approval of the FOX GEOSPATIAL PTY LTD AS TRUSTEE FOR THE MOORE FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the FOX GEOSPATIAL PTY LTD AS TRUSTEE FOR THE MOORE FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out 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 7 July 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the FOX GEOSPATIAL PTY LTD AS TRUSTEE FOR THE MOORE FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009 (Cth), specifically seeking the Fair Work Commission's endorsement of the agreement as a registered bargaining agreement. The agreement was intended to govern the terms and conditions of employment for subcontractors in the marking and setting out sector within the Victorian construction industry.

The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. This included assessing whether the agreement met the formal requirements for registration, such as the proper execution of the agreement by the parties, the inclusion of all necessary details, and whether it complied with the statutory provisions concerning bargaining and agreement-making. Additionally, the court needed to determine if the agreement was in the public interest and whether it provided fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission, in approving the application, examined the agreement's compliance with the legislative requirements and found it to be in order. The court noted that the agreement was properly executed and contained all necessary elements as stipulated by the Fair Work Act. The Commission also concluded that the agreement provided fair and reasonable terms and conditions for the employees, and that it was in the public interest. Therefore, the application was approved, and the agreement was registered as a bargaining agreement.

The Fair Work Commission approved the application and registered the FOX GEOSPATIAL PTY LTD AS TRUSTEE FOR THE MOORE FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023 as a bargaining agreement. This decision was made on the basis that the agreement met all the formal requirements for registration, provided fair and reasonable terms and conditions for the employees, and was in the public interest. The registration of the agreement ensures that it will be legally binding and enforceable between the parties involved.

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