L U Simon Builders Pty. Ltd.

[2024] FWCA 3248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

L U Simon Builders Pty. Ltd.

(AG2024/2887)

L U SIMON BUILDERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 12 SEPTEMBER 2024

Application for approval of the L U Simon Builders Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the L U Simon Builders Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027 (Agreement). The application was made by L U Simon Builders Pty. Ltd. (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees’ 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by L U Simon Builders Pty Ltd and the CFMEU (Victorian Construction and General Division) to have their Enterprise Agreement 2024-2027 approved by the Fair Work Commission. The nature of the dispute centred on the terms and conditions proposed within the agreement and whether these complied with relevant Australian labour laws and the statutory framework governing enterprise agreements. The court handling the application was the Fair Work Commission.

The primary legal issues the court needed to address included whether the proposed agreement contained the necessary provisions required by law, such as minimum wages, penalties, and other entitlements, and whether it was negotiated fairly and in good faith. The court also had to consider if the agreement would have a detrimental effect on employees or the broader workforce. A significant aspect of the review was to ensure the agreement did not undermine the protection of workers' rights and conditions.

The Fair Work Commission, after thorough examination of the agreement, found that it adhered to the necessary legal requirements. The court determined that the proposed terms and conditions were fair and reasonable, and that the agreement was negotiated in good faith. The Commission also concluded that the agreement would not have an adverse effect on employees or the workforce. Consequently, the court approved the Enterprise Agreement 2024-2027, marking a successful outcome for the parties involved.

The final orders included the approval of the Enterprise Agreement 2024-2027 between L U Simon Builders Pty Ltd and the CFMEU (Victorian Construction and General Division). This approval means that the terms and conditions set out in the agreement will govern the employment of workers within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established