Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1038)

LVL WORKFORCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2023

Application for approval of the LVL WORKFORCE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the LVL WORKFORCE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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.205(2) 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 3 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 parties involved in the dispute were LVL Workforce Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The nature of the dispute involved the application for the approval of a formwork enterprise agreement for the period 2020-2023. The case was heard by the Fair Work Commission (FWC). The legal issues the court was required to decide included whether the terms of the proposed enterprise agreement met the requirements of the Fair Work Act 2009 (Cth), specifically whether it was in the best interests of the employees and provided for a fair and equitable outcome.

The court, after examining the terms of the agreement, found that it contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The court also considered the views of the employees and the submissions made by the parties. The court determined that the agreement was in the best interests of the employees and provided for a fair and equitable outcome. The court approved the proposed enterprise agreement, and it will now be in effect for the period 2020-2023.

The court's decision was based on a thorough analysis of the agreement's provisions and the parties' submissions. The court found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The court also considered the potential impact of the agreement on the employees' working conditions and the overall fairness of the agreement. The court determined that the agreement provided for a fair and equitable outcome for the employees and approved it accordingly. The final orders of the court were that the proposed enterprise agreement be approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established