Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/221)

BREAK-A-WAY CONCRETE CUTTING SERVICES PTY LTD AS TRUSTEE FOR BREAK-A-WAY CONCRETE CUTTING SERVICES BUSINESS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 FEBRUARY 2022

Application for approval of the BREAK-A-WAY CONCRETE CUTTING SERVICES PTY LTD AS TRUSTEE FOR BREAK-A-WAY CONCRETE CUTTING SERVICES BUSINESS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BREAK-A-WAY CONCRETE CUTTING SERVICES PTY LTD AS TRUSTEE FOR BREAK-A-WAY CONCRETE CUTTING SERVICES BUSINESS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 18 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Break-a-Way Concrete Cutting Services Pty Ltd as trustee for the Break-a-Way Concrete Cutting Services Business Trust for the approval of the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission (FWC), Australia's industrial relations tribunal. The key legal issues before the FWC were whether the proposed enterprise agreement was in the public interest and whether it complied with relevant legislative requirements.

The FWC carefully considered the submissions from both parties and examined the terms of the proposed agreement. The tribunal assessed the agreement against the criteria set out in the Fair Work Act 2009, including the requirement that an agreement must not have the purpose, or the effect, of reducing the overall wages and conditions of the employees covered by the agreement. The FWC also evaluated whether the agreement met the threshold for being in the public interest by considering factors such as the potential impact on the bargaining power of the parties, the level of consultation undertaken, and the extent to which the agreement promoted fair and efficient workplace relations.

After considering all the evidence and submissions, the FWC determined that the proposed enterprise agreement was in the public interest and compliant with the relevant legislative requirements. The tribunal approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023, noting that it provided a fair and efficient framework for the regulation of employment terms and conditions in the concrete sawing and drilling industry. The decision was made on the basis that the agreement balanced the interests of both employers and employees, while promoting productivity and workplace harmony.

The final orders of the FWC included the approval of the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement will now govern the employment terms and conditions of the employees covered by the agreement, providing a stable and predictable framework for the industry. The decision also reinforced the importance of the FWC's role in facilitating fair and efficient workplace relations, and in ensuring that enterprise agreements are in the public interest.

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