Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8541)

ALWAYS PUMPING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2020-2023

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 6 DECEMBER 2021

Application for approval of the ALWAYS PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the ALWAYS PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 13 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of the ALWAYS PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009 (Cth) and brought before the Fair Work Commission, presided over by Commissioner McCabe. The central issue before the court was to determine whether the terms and conditions set out in the Enterprise Agreement were fair and reasonable in all respects, as required by the legislation. This included assessing the agreement's impact on employees, employers, and the broader industry, as well as ensuring it complied with relevant statutory provisions and did not undermine the fundamental principles of the Fair Work Act.

The court undertook a detailed examination of the agreement, considering various factors such as the bargaining power of the parties, the nature of the industry, and the overall fairness of the terms proposed. Commissioner McCabe highlighted the importance of maintaining a balance between the interests of employees and employers while ensuring that the agreement did not create an unfair advantage for one party over the other. The court also evaluated the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions, ensuring they met the standards of fairness and reasonableness. After thorough deliberation, the court found that the agreement met the statutory requirements and did not undermine the fundamental principles of the Fair Work Act.

Following the comprehensive analysis, the court approved the Enterprise Agreement, finding it to be fair and reasonable in all respects. The decision was grounded in the understanding that the agreement provided a balanced approach to the employment conditions of the parties involved, without disadvantaging either side. The approval of the agreement was significant, as it provided a framework for the terms and conditions of employment for the specified period, ensuring stability and predictability in the industry. The final orders included the approval of the Enterprise Agreement, which would now govern the employment conditions for the specified period, subject to the ongoing obligations of the parties to adhere to the terms and conditions as set out in the agreement.

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