Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/197)

PREMIER CONCRETING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2022

Application for approval of the PREMIER CONCRETING GROUP PTY LTD 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 PREMIER CONCRETING GROUP PTY LTD 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 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 case involves an application by the Premier Concreting Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to the Fair Work Commission for the approval of the Subcontractors Formwork Enterprise Agreement 2020-2023. The application was brought before the Australian Industrial Relations Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the court had to assess if the agreement was in the best interests of the employees, if it provided for appropriate terms and conditions of employment, and if it was made in accordance with the relevant provisions of the Act. The court also had to consider whether the agreement had been made genuinely in the course of promoting or facilitating a bargain.

In its decision, the court found that the agreement met all the necessary criteria for approval. The court determined that the agreement provided fair and reasonable terms and conditions for the employees, including provisions for wages, hours of work, and other employment-related matters. The court further found that the agreement was made genuinely in the course of promoting or facilitating a bargain, and that it was in the best interests of the employees. Based on these findings, the court approved the Subcontractors Formwork Enterprise Agreement 2020-2023.

The court's approval of the agreement means that it will now be legally binding on the parties and their employees. The agreement will set out the terms and conditions of employment for the employees covered by the agreement, and will provide a framework for the resolution of any disputes that may arise between the parties. The approval of the agreement is an important step in ensuring that the employees are provided with fair and reasonable terms of employment, and that their rights and interests are protected under the law.

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