Subterranean Solutions Pty Ltd

[2024] FWCA 4239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Subterranean Solutions Pty Ltd

(AG2024/4616)

SUBTERRANEAN SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 DECEMBER 2024

Application for approval of the Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

Subterranean Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form nor was it provided to all employees within 14 days of notification time. However, I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 2 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027. The application was made by the union and the employer in accordance with the Fair Work Act 2009. The central issue before the court was whether the terms of the proposed enterprise agreement met the requirements for approval under the Act, specifically whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act.

The court examined the provisions of the proposed agreement, including the terms and conditions of employment, the dispute resolution mechanisms, and the overall fairness and balance of the agreement. The court considered the evidence provided by the parties, including submissions from the employer, the union, and any other interested parties. The court also considered the impact of the proposed agreement on the employees and the broader construction industry.

The court concluded that the proposed agreement met the requirements for approval under the Fair Work Act. The court found that the agreement was in the best interests of the employees and provided a fair and balanced set of terms and conditions. The court also found that the agreement complied with the provisions of the Act, including the requirements for dispute resolution and the protection of employee rights. The court approved the proposed agreement, and it will now come into effect as a legally binding enterprise agreement between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established