Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4699)

VAN PUTTEN FAMILY TRUST (THE TRUSTEE FOR) T/AS CIVILTEK EARTHMOVING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2022

Application for approval of the VAN PUTTEN FAMILY TRUST (THE TRUSTEE FOR) T/As CIVILTEK EARTHMOVING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the VAN PUTTEN FAMILY TRUST (THE TRUSTEE FOR) T/As CIVILTEK EARTHMOVING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 30 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, the VAN PUTTEN FAMILY TRUST trading as CIVILTEK EARTHMOVING, sought approval of the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The dispute was heard by the Fair Work Commission, an industrial tribunal in Australia. The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was appropriately certified, contained necessary minimum terms, and did not include prohibited content.

The court examined the certification process and found that the agreement was certified by an independent certifier in accordance with the legislative framework. It was also established that the agreement contained all the mandated minimum terms and did not include any prohibited content. The court was satisfied that the process followed was fair and appropriate, and that the agreement was appropriately certified. Furthermore, the court noted that the agreement provided adequate protections for employees and did not contain any terms that were detrimental to the interests of the employees.

As a result, the court approved the agreement, finding it to be compliant with the statutory requirements. The court determined that the agreement was appropriately certified, contained all the necessary minimum terms, and did not include any prohibited content. The agreement was found to be fair and reasonable, and provided adequate protections for employees. The court's decision was based on a thorough analysis of the statutory framework and the specific provisions of the agreement. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission.

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