Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8612)

JONETRAL HOLDINGS PTY LTD T/AS CONCUT MELBOURNE 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, 9 DECEMBER 2021

Application for approval of the JONETRAL HOLDINGS PTY LTD T/As CONCUT MELBOURNE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the JONETRAL HOLDINGS PTY LTD T/As CONCUT MELBOURNE 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.

[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 16 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement between JONETRAL HOLDINGS PTY LTD trading as CONCUT MELBOURNE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The agreement aimed to regulate employment terms for concrete sawing and drilling subcontractors under the construction industry. The Commission had to determine whether the agreement complied with the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues centred on whether the agreement met the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to confirm that the agreement was made free from any improper conduct and that there was genuine bargaining. Substantively, the agreement had to be assessed to ensure it did not undermine the minimum standards provided by the National Employment Standards and award provisions. The Commission also had to consider if the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement was made following genuine bargaining and met all procedural requirements. It also determined that the agreement did not undermine the minimum standards set out in the National Employment Standards and awards. Furthermore, the Commission was satisfied that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees involved.

The final order was that the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 was approved and registered with the Fair Work Commission. This approval made the agreement legally binding between the parties involved, effective from the date of registration.

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