Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8764)

SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 DECEMBER 2021

Application for approval of the SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the SCENTRE DESIGN AND CONSTRUCTION PTY LIMITED and the CFMEU (Victorian Construction and General Division) Builder 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] 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.

[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 24 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Scentre Design and Construction Pty Limited (Scentre) jointly applied for approval of a proposed enterprise agreement. The agreement pertains to employees of Scentre who are members of the CFMEU and falls under the provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval as a new enterprise agreement under the Fair Work Act. The legal issues before the Commission were whether the agreement contained the mandatory terms prescribed by the Fair Work Act, and whether it complied with the good faith bargaining requirement.

The Commission considered the mandatory terms and the process of bargaining. It found that the agreement did indeed encompass the necessary mandatory terms and was the result of genuine and good faith bargaining. The Commission noted that the parties had engaged in extensive negotiations, and the agreement reflected a fair and reasonable compromise between the parties. The Commission further concluded that the agreement was consistent with the principles of the Fair Work Act, including the avoidance of unnecessary complexity and the promotion of productivity and efficiency in the workplace. Consequently, the Commission approved the agreement as a new enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the Scentre Design and Construction Pty Limited and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 as a new enterprise agreement. The agreement will now apply to the relevant employees, and both parties are bound by its terms and conditions. The Commission's decision affirms the importance of fair and genuine bargaining in the workplace and provides a framework for the resolution of future disputes between employers and employees.

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