Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1503)

DYNAMIC HYDRO EXCAVATIONS PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 1 JUNE 2023

Application for approval of the Dynamic Hydro Excavations Pty Ltd GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

An application has been made for approval of an enterprise agreement known as the Dynamic Hydro Excavations Pty Ltd GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT (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 will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a project agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Dynamic Hydro Excavations Pty Ltd for the Gold Coast Light Rail Stage 3 project. The application was brought before the Fair Work Commission, which is tasked with resolving workplace relations disputes and making decisions on workplace agreements. The central issue was whether the proposed agreement adequately met the requirements set out in the Fair Work Act 2009, particularly concerning the terms and conditions of employment and the bargaining process.

The Commission examined several key aspects of the agreement, including the definition of the workforce, the bargaining process, and the content of the agreement itself. It was essential to ensure that the agreement was made in good faith, involved genuine bargaining, and that the terms were fair and reasonable. The Commission considered submissions from both parties and assessed whether the agreement complied with the legislative framework. In its decision, the Commission highlighted that the agreement appeared to be in line with the statutory requirements, acknowledging the efforts of both parties to reach a mutually acceptable outcome.

The Commission approved the agreement, noting that it contained terms that were fair and reasonable and were made following a genuine bargaining process. The Commission found that the agreement met the necessary criteria for approval and was consistent with the objectives of the Fair Work Act. The decision underscored the importance of ensuring that workplace agreements are made in good faith and are beneficial to both employers and employees. The approval of the agreement marked a significant step forward for the Gold Coast Light Rail Stage 3 project, facilitating the continuation of the project under agreed terms and conditions.

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