Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/404)

TECHCRETE PTY LTD T/As TECHCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 MARCH 2022

Application for approval of the TECHCRETE PTY LTD T/As TECHCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the TECHCRETE PTY LTD T/As TECHCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 8 March 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 Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the Victorian Construction and General Division Subcontractors, applied to the Fair Work Commission for approval of the TECHCRETE PTY LTD T/As TECHCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The applicant sought to have the agreement approved by the Commission, which would provide it with a safety net of minimum terms and conditions. The application was made under the Fair Work Act 2009, and the dispute involved the interpretation of the act and the agreement's compliance with its provisions.

The primary legal issues the Commission had to decide were whether the agreement met the requirements of the Fair Work Act 2009 and if the application met the criteria for approval. This included whether the agreement provided for fair and reasonable terms and conditions, and if it included provisions for employee representation, dispute resolution, and good faith bargaining. The Commission also had to determine if the agreement provided for a safety net of minimum terms and conditions and if it was in the best interests of the employees covered by the agreement.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009 and was approved. The Commission considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms and conditions, and included provisions for employee representation, dispute resolution, and good faith bargaining. The Commission also found that the agreement provided for a safety net of minimum terms and conditions and was in the best interests of the employees covered by the agreement. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum wages, leave entitlements, and other benefits. The Commission also found that the agreement provided for a fair and effective dispute resolution process, which was important for ensuring that any issues that arose under the agreement could be resolved in a timely and effective manner.

The Fair Work Commission approved the TECHCRETE PTY LTD T/As TECHCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement will provide a safety net of minimum terms and conditions for employees in the concrete pumping industry in Victoria and will remain in effect until 30 June 2023. The approval of the agreement is an important step in ensuring that employees in this industry have access to fair and reasonable terms and conditions of employment, and that their rights and interests are protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established