Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8837)

COLAB BUILDING TECH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 DECEMBER 2021

Application for approval of the COLAB BUILDING TECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the COLAB BUILDING TECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. 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 applicants, COLAB Building Tech Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The primary focus of the dispute was the terms and conditions of employment for subcontractors working as riggers and steel erectors, as well as the union's role in representing these employees. The matter was heard in the Fair Work Commission, the body responsible for resolving workplace disputes and approving enterprise agreements in Australia.

The key legal issues addressed by the court involved the fairness and validity of the proposed agreement. The Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including ensuring that the agreement promotes harmonious, productive and equitable workplace relations. Additionally, the court needed to assess whether the agreement provided fair and reasonable terms and conditions for the employees it covered, and whether the union's role in representing the employees was appropriate and justifiable. Another critical issue was whether the agreement was free from any provisions that might undermine the fundamental rights of employees.

In reaching its decision, the Fair Work Commission considered various factors, including submissions from both parties, the nature of the work involved, and the broader implications for the industry. The Commission found that the agreement was fair and reasonable, and it met all the necessary criteria for approval. The Commission also concluded that the union's role in representing the employees was appropriate and that the agreement would not undermine the fundamental rights of the employees. Consequently, the Commission approved the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, allowing it to take effect.

The final orders of the Commission were that the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009. This decision provides clarity and certainty for both employers and employees in the specified industry, ensuring that the agreement will govern their workplace relations for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established