Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1723)

SOUTHERN DIRTWORX 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, 14 JUNE 2022

Application for approval of the SOUTHERN DIRTWORX 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 SOUTHERN DIRTWORX 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 21 June 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 before the court involved an application for the approval of the Southern Dirtworx Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The primary parties involved were the applicant union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the respondent, Southern Dirtworx Pty Ltd. The dispute centred on whether the agreement, which was proposed to govern the terms and conditions of employment for subcontractors engaged in earthmoving, excavation, and drainage activities, met the necessary criteria for approval under the relevant industrial legislation.

The court was required to determine several legal issues. These included whether the agreement was fairly and properly negotiated, whether it complied with the statutory requirements for enterprise agreements, and whether it met the standards for procedural fairness and good faith. Furthermore, the court had to consider the impact of the agreement on the employees it covered, ensuring that it provided fair and reasonable terms for those involved.

The court, in its reasoning, thoroughly examined the negotiation process and found that the agreement had been fairly negotiated. It was satisfied that the agreement met all statutory requirements and was consistent with the principles of procedural fairness and good faith. The court found that the agreement provided for terms and conditions that were fair and reasonable for the employees it covered, taking into account their specific industry and the nature of their work. The court approved the agreement based on these findings.

As a result, the court granted the application for approval of the agreement, which is now in effect and will govern the terms and conditions of employment for the specified period. This decision ensures that the agreement will be legally binding on the parties involved and that it will provide a framework for the fair and reasonable treatment of employees in the specified industry.

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