Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/303)

QUADFORM CONCRETE CONSTRUCTIONS PTY LTD AS TRUSTEE FOR QUADFORM CONCRETE CONSTRUCTIONS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 FEBRUARY 2022

Application for approval of the QUADFORM CONCRETE CONSTRUCTIONS PTY LTD AS TRUSTEE FOR QUADFORM CONCRETE CONSTRUCTIONS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the QUADFORM CONCRETE CONSTRUCTIONS PTY LTD AS TRUSTEE FOR QUADFORM CONCRETE CONSTRUCTIONS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 23 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve a new enterprise agreement between Quadform Concrete Constructions Pty Ltd, as trustee for the Quadform Concrete Constructions Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors, covering the period from 2020 to 2023. The agreement sought to regulate the terms and conditions of employment for employees working in the formwork industry, including wages, working hours, leave entitlements, and other related matters.

The key legal issues before the Commission involved ensuring that the proposed agreement complied with the Fair Work Act 2009. This included assessing whether the agreement met the requirements for "better off overall" and "no disadvantage" tests, which aimed to ensure that employees would not be worse off under the new agreement compared to their existing conditions. The Commission also had to consider whether the agreement was made in good faith and whether it adhered to the principles of the Fair Work Act, including the protection of employees' rights and interests.

The Commission found that the agreement was fair and reasonable and met all the necessary legal criteria. The proposed changes to wages, working hours, and other conditions were deemed to be in the best interests of the employees, ensuring they were not disadvantaged compared to their current terms. The Commission was satisfied that the agreement was made in good faith and adhered to the principles of the Fair Work Act. As a result, the Commission approved the Quadform Concrete Constructions Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

The final orders of the Commission included the approval of the enterprise agreement, which would now be binding on the parties from the date of the decision. The agreement would govern the employment conditions for the employees covered by the agreement for the specified period. The Commission's approval marked the successful conclusion of the application process, ensuring that the agreement would provide fair and reasonable terms for the employees involved.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established