Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1855)

KEIGHREY FAMILY TRUST (THE TRUSTEE FOR) T/AS KEIGHREY CIVIL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2023

Application for approval of the KEIGHREY FAMILY TRUST (THE TRUSTEE FOR) T/AS KEIGHREY CIVIL 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 KEIGHREY FAMILY TRUST (THE TRUSTEE FOR) T/AS KEIGHREY CIVIL 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.

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 28 June 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Keighrey Civil and CFMEU Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 by the Keighrey Family Trust, acting as trustee for Keighrey Civil. The Fair Work Commission was the court in this matter. The dispute arose from the negotiation and approval of an enterprise agreement between Keighrey Civil and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for subcontractors engaged in earthmoving, excavation, and drainage work.

The legal issues before the court included whether the agreement was in the best interests of the employees, whether it complied with the Fair Work Act 2009, and whether the agreement was fair and reasonable. Additionally, the court had to consider if the agreement was consistent with the principles of the Fair Work Act, including ensuring fairness for all parties involved.

The court examined the terms of the agreement and found that it was comprehensive and covered various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The court noted that the agreement provided for a fair and reasonable balance of rights and obligations between the employer and employees. The court also found that the agreement was in the best interests of the employees as it provided for fair wages, conditions, and dispute resolution mechanisms. The court concluded that the agreement complied with the Fair Work Act and was fair and reasonable, and therefore approved the agreement.

The final order of the court was that the Keighrey Civil and CFMEU Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 was approved and registered with the Fair Work Commission. The agreement was to come into effect on the date of the approval and would remain in force until 30 June 2023, unless terminated earlier in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established