Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/196)

INDUSTRIAL DEMOLITION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 FEBRUARY 2022

Application for approval of the INDUSTRIAL DEMOLITION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the INDUSTRIAL DEMOLITION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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.

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 16 February 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 parties involved in this case were Industrial Demolition Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically the Victorian Construction and General Division. The dispute centred on the application for approval of the Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission (FWC) in Australia.

The legal issues before the FWC included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in terms of procedural fairness and whether it provided for the minimum entitlements for employees. The FWC had to consider if the agreement was appropriately negotiated, if it contained terms and conditions that were fair and reasonable, and whether it complied with the statutory minimum standards of the Fair Work Act.

The FWC determined that the agreement was procedurally fair and that the minimum entitlements for employees were met. The FWC noted that the agreement was the result of good faith bargaining and that it contained terms and conditions that were fair and reasonable. The FWC also found that the agreement complied with the statutory minimum standards set out in the Fair Work Act. As a result, the FWC approved the agreement.

The final orders included the approval of the Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023, subject to certain conditions, including that the agreement be registered with the Fair Work Commission. The agreement was approved and came into effect from the date of the FWC's decision.

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