Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/118)

KEN HOPLEY FAMILY TRUST T/AS PAIGE COURTNEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 FEBRUARY 2023

Application for approval of the KEN HOPLEY FAMILY TRUST T/As PAIGE COURTNEY 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 KEN HOPLEY FAMILY TRUST T/As PAIGE COURTNEY 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 9 February 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of the KEN HOPLEY FAMILY TRUST T/As PAIGE COURTNEY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. This was heard by the Fair Work Commission. The parties to the dispute were Paige Courtney Pty Ltd, acting as a subcontractor, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union sought to have the enterprise agreement approved, which would cover the terms and conditions of employment for subcontractors in the demolition industry.

The primary legal issues the court had to decide were whether the enterprise agreement was in compliance with the Fair Work Act 2009 and whether it was appropriate to be approved by the Commission. Specifically, the court needed to consider whether the agreement contained all the necessary provisions, if it had been genuinely negotiated, and if it met the standard requirements for enterprise agreements. The court also needed to assess whether the agreement would promote better industrial relations outcomes for the employees covered by it.

In delivering its decision, the Fair Work Commission found that the enterprise agreement met all the statutory requirements under the Fair Work Act. It confirmed that the agreement was genuinely negotiated and contained all the necessary provisions. The Commission was satisfied that the agreement would provide fair and reasonable terms for the employees, and that it would lead to better industrial relations outcomes. Consequently, the court approved the enterprise agreement, stating that it would be binding on the parties and enforceable under the Fair Work Act. This decision will have implications for subcontractors and employees in the demolition industry in Victoria, providing a clear framework for their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established