Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4213)

EGANS (PERSONNEL) PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 OCTOBER 2022

Application for approval of the EGANS (PERSONNEL) PTY. LTD. 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 EGANS (PERSONNEL) PTY. LTD. 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 25 October 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

The case involves an application for the approval of an enterprise agreement between EGANS (Personnel) Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission examined the agreement to ensure it was fairly negotiated and contained essential terms as mandated by the Act. Key areas of focus included the agreement's compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009. The Commission also assessed the fairness of the terms and conditions provided in the agreement, particularly in relation to wages, working hours, and other employment-related matters. After considering the evidence and submissions from both parties, the Commission determined that the agreement was fairly negotiated and contained all necessary terms.

The Commission found that the agreement complied with all statutory requirements and was fair and reasonable. It approved the enterprise agreement, allowing it to take effect from the specified date. The decision was based on the evidence provided by both parties and the overall fairness of the agreement's terms. This decision ensures that the rights and obligations of the employees and employers under the agreement are legally binding and enforceable.

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