Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8492)

SMP ONSITE SERVICES 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, 2 DECEMBER 2021

Application for approval of the SMP ONSITE SERVICES 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 SMP ONSITE SERVICES 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 9 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicants in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SMP ONSITE SERVICES PTY LTD. The dispute was regarding the approval of a specific enterprise agreement between the two parties. The matter was heard in the Fair Work Commission (FWC). The central legal issues involved determining whether the proposed enterprise agreement was in compliance with the relevant provisions of the Fair Work Act 2009. The primary considerations were whether the agreement had been made freely, if it contained terms that were reasonably necessary to protect employees' health and safety, and if it complied with the good faith bargaining provisions.

The FWC examined the processes and evidence presented to determine if the agreement was made fairly and if it met the legal standards. The Commission assessed whether the agreement was made without coercion, if the parties had genuinely attempted to reach an agreement, and if the terms provided adequate protections for the employees. The FWC found that the agreement was made in good faith and contained necessary health and safety provisions. The Commission also determined that the process through which the agreement was made was fair and that it complied with all relevant legal requirements.

The FWC approved the SMP ONSITE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, finding it to be fair and reasonable. The agreement was deemed to be in the best interests of the employees and the employer, and it was accepted that the terms were made without any undue influence or coercion. The FWC's decision provided clarity and legal backing for the enterprise agreement, ensuring that it could be implemented effectively.

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