Construction, Forestry and Maritime Employees Union

[2024] FWCA 1418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1223)

REFINING COMMERCIAL GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ONSITE SHOPFITTERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2024

Application for approval of the REFINING COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the REFINING COMMERCIAL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters 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 and Maritime Employees 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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2024. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Refining Commercial Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for approval of their Enterprise Agreement 2020-2023. The application was considered by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the criteria for approval under the Act, including the requirement that it provide for fair and reasonable terms and conditions of employment, and whether it contained any terms that were contrary to public policy or unjust.

The Commission examined the terms of the Enterprise Agreement and considered the submissions of the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and did not contain any terms that were contrary to public policy or unjust. The Commission also considered the submissions of the parties and the evidence provided in relation to the agreement, including evidence in relation to the bargaining process and the terms of the agreement. The Commission concluded that the agreement met the requirements for approval under the Act and granted approval of the Enterprise Agreement 2020-2023.

The final orders of the Commission were that the Enterprise Agreement 2020-2023 between the Refining Commercial Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved as a registered agreement under the Fair Work Act 2009. The agreement was registered on 18 May 2020 and will be in effect until 31 December 2023. The orders also included provisions for the review of the agreement and the resolution of any disputes that may arise under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established