Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/296)

MAJOR PROJECTS DEMOLITION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 FEBRUARY 2023

Application for approval of the MAJOR PROJECTS DEMOLITION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MAJOR PROJECTS DEMOLITION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 1 March 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 matter before the Fair Work Commission involved an application for approval of the Major Projects Demolition Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. The applicant, Major Projects Demolition Pty Ltd, sought approval of the agreement as a modern award under the Fair Work Act 2009. The Australian Council of Trade Unions (ACTU) intervened in the proceedings to advocate for the interests of its members affected by the agreement. The dispute centred on whether the terms and conditions of the proposed agreement met the statutory requirements for approval and were fair and reasonable.

The central legal issue the court had to resolve was whether the proposed enterprise agreement satisfied the criteria set out in the Fair Work Act for it to be approved as a modern award. This involved determining whether the agreement contained terms and conditions that were fair and reasonable, provided for a streamlined and efficient process for resolving disputes, and did not undermine the ability of employees to protect their interests. The court also had to consider whether the agreement provided for an appropriate balance between the interests of the employer and the employees, and whether it complied with any relevant industrial laws and standards.

After a thorough examination of the proposed agreement and the submissions from the parties, the Fair Work Commission concluded that the Major Projects Demolition Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 met the requirements for approval as a modern award. The court found that the agreement contained terms and conditions that were fair and reasonable, provided for an efficient dispute resolution process, and did not undermine the ability of employees to protect their interests. The commission also determined that the agreement struck an appropriate balance between the interests of the employer and the employees, and complied with relevant industrial laws and standards. Accordingly, the application for approval of the agreement was granted.

The final order of the Fair Work Commission was that the Major Projects Demolition Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023 be approved as a modern award under the Fair Work Act 2009. The agreement will now apply to the employees of Major Projects Demolition Pty Ltd who are covered by the agreement, and will provide them with the terms and conditions set out in the agreement for the duration of its operation. The approval of the agreement as a modern award will also provide a streamlined and efficient process for resolving disputes between the employer and the employees, and will help to ensure a fair and reasonable workplace for all parties involved.

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