Vec Plant & Equipment Pty Ltd T/A Downer

[2022] FWCA 3883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vec Plant & Equipment Pty Ltd T/A Downer

(AG2022/4497)

DOWNER AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MAJOR CIVIL CONTRACTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 7 NOVEMBER 2022

Application for approval of the Downer and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Downer and the CFMEU (Victorian Construction and General Division) Major Civil Contractor 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 Vec Plant & Equipment Pty Ltd T/A Downer. 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.

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 14 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

The application before the Fair Work Commission involved a dispute regarding the approval of a proposed enterprise agreement between Vec Plant & Equipment Pty Ltd, trading as Downer, and the CFMEU (Victorian Construction and General Division). The proposed agreement was for the period 2020-2023 and was submitted for the Fair Work Commission’s approval under the Fair Work Act 2009. The legal issues before the court focused on whether the agreement met the requirements for registration under the Fair Work Act, including whether it complied with the procedural fairness requirements and provided for the rights and entitlements of employees in a manner consistent with the Act.

The Fair Work Commission examined the procedural fairness of the agreement-making process, including whether the employer had genuinely bargained with the union. The Commission also assessed whether the proposed agreement provided for minimum terms and conditions of employment as outlined in the Fair Work Act, including minimum wages, leave entitlements, and other benefits. Furthermore, the Commission evaluated whether the agreement was consistent with the public interest and whether it adequately protected the rights and interests of employees. The Commission found that the agreement had been made through genuine bargaining and provided for terms and conditions that met the minimum standards set by the Fair Work Act. The agreement was also found to be in the public interest and did not disadvantage employees in any significant way.

In light of the findings, the Fair Work Commission approved the proposed enterprise agreement. The Commission concluded that the agreement was fair and reasonable, met the statutory requirements, and provided for the rights and entitlements of employees in a manner consistent with the principles of the Fair Work Act. The approval of the agreement ensures that employees of Downer will have a legally binding set of terms and conditions for the specified period, providing clarity and stability in their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established