Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8322)

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

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

Application for approval of the Pumping Concrete Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the Pumping Concrete Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 an enterprise agreement between Pumping Concrete Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the proposed Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained terms that were genuinely bargained between the parties, whether it complied with the good faith bargaining requirements, and whether it met the criteria for being a simple, fair, and efficient enterprise agreement. The Commission also considered whether the agreement adequately protected the interests of the employees and whether it contained any terms that could be considered contrary to public policy or unjust.

In reaching its decision, the Commission noted that the parties had engaged in extensive bargaining, which included multiple meetings and negotiations. The Commission found that the agreement contained terms that were genuinely bargained between the parties and that the process adhered to the good faith requirements. It was also determined that the agreement met the criteria for being a simple, fair, and efficient enterprise agreement. The Commission further found that the agreement did not contain any terms that were contrary to public policy or unjust and that it adequately protected the interests of the employees. The Commission approved the agreement, confirming that it met all the necessary legal requirements.

The Fair Work Commission approved the Subcontractors Concrete Pumping Enterprise Agreement 2020-2023, confirming its compliance with the Fair Work Act 2009 and its suitability as a fair and efficient enterprise 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