Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1334)

FIGUREHEAD CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 MAY 2023

Application for approval of the FIGUREHEAD CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the FIGUREHEAD CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Builder 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 29 May 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 involves an application for the approval of the Figurehead Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which is Australia's industrial relations tribunal, and is responsible for the resolution of disputes and the regulation of enterprise agreements. The dispute centred on whether the proposed enterprise agreement should be approved, as it was submitted for approval by the parties involved.

The legal issues before the commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated and whether it provided for a fair and efficient workplace. The commission also had to consider the views and submissions of any other interested parties, including the employees who would be covered by the agreement. The commission was required to ensure that the agreement provided for a fair and efficient workplace, including consideration of the terms and conditions of employment, such as wages, hours of work, and leave entitlements.

The commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The agreement provided for a fair and efficient workplace, including consideration of the terms and conditions of employment. The commission was satisfied that the agreement provided for fair and reasonable wages, hours of work, and leave entitlements, and that it provided for a safe and healthy working environment. The commission also considered the views and submissions of the employees who would be covered by the agreement and was satisfied that the agreement was in their best interests.

The commission approved the Figurehead Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by it from 1 July 2020 until 30 June 2023. The approval of the agreement ensures that the employees will have a fair and efficient workplace, with appropriate terms and conditions of employment.

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