Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8273)

AUSTRALIAN REINFORCING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Australian Reinforcing Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Australian Reinforcing Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 16 November 2021 and, in accordance with s 54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Australian Reinforcing Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The applicants sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary requirements for approval, including fairness, compliance with the Act, and adherence to the principles of the national system of industrial relations.

The key legal issues addressed by the court were whether the agreement contained appropriate terms and conditions that were fair and reasonable, and whether the agreement had been made in accordance with the procedural requirements of the Act. The court also needed to determine if the agreement complied with the national minimum terms and conditions set out in the Fair Work Act and the Fair Work Regulations. Additionally, the court considered whether the agreement had been made without any improper conduct or coercion.

The court found that the agreement was fair and reasonable, and had been made in compliance with the procedural requirements of the Fair Work Act. The agreement contained terms and conditions that were consistent with the national minimum terms and conditions and did not contain any improper conduct or coercion. The court was satisfied that the agreement met the requirements for approval and was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Australian Reinforcing Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023, recognising it as a registered agreement under the Fair Work Act 2009. The court's decision was based on the comprehensive evidence presented and the determination that the agreement was fair and reasonable, and met all the necessary requirements for approval.

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