Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1767)

THE FCC CONSTRUCTION AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MAJOR CIVIL CONTRACTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2023

Application for approval of the FCC CONSTRUCTION AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the FCC CONSTRUCTION AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Major Civil Contractor 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 23 June 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the FCC Construction Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023. The application was made under section 232 of the Fair Work Act 2009. The applicant, the CFMEU, is a registered union. The respondent, FCC Construction Australia Pty Ltd, is an employer who engages employees covered by the proposed enterprise agreement. The dispute centres on the provisions of the proposed agreement, which includes terms relating to employment conditions, wages, and other employment-related matters.

The central legal issues before the Commission were whether the proposed enterprise agreement was fairly negotiated, complied with relevant legislative requirements, and whether it was in the best interests of the employees. The Commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act, including assessing if the agreement was made in good faith and on a basis that was not detrimental to employees' interests. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Fair Work Act or any relevant awards or other agreements.

The Commission found that the proposed enterprise agreement was fairly negotiated and met the criteria for approval. The agreement was deemed to be made in good faith and did not have a detrimental effect on the employees' interests. The Commission was satisfied that the agreement complied with all relevant legislative requirements and was in the best interests of the employees. The Commission also found that the agreement did not contravene any provisions of the Fair Work Act or any relevant awards or other agreements.

The Fair Work Commission approved the FCC Construction Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023. The approval was granted under section 232 of the Fair Work Act 2009, and the agreement will now be registered and enforceable.

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