Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8089)

THE LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/AS LL INSTALLATIONS 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, 9 NOVEMBER 2021

Application for approval of THE LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/as LL INSTALLATIONS 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 LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/as LL INSTALLATIONS 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 16 November 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 Fair Work Commission involved an application by the Lawry Operating Trust, trading as LL Installations, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement for the period 2020 to 2023. This application arose under the Fair Work Act 2009, which requires that enterprise agreements be approved by the Fair Work Commission to ensure they meet certain legal standards and do not contain prohibited content. The agreement in question pertained to the terms and conditions of employment for subcontractors involved in rigging and steel erecting roles.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act, including the provision of genuine and meaningful terms and conditions, and whether it contained any content that was prohibited by the legislation. Specifically, the Commission had to consider if the agreement met the criteria for 'better off overall', ensuring that no employee would be worse off, and if it adhered to the provisions concerning direct and indirect discrimination, unfair dismissal, and other employment protections.

The Fair Work Commission, in its decision, examined the proposed agreement clause by clause, assessing its compliance with the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions, with appropriate safeguards for the employees. It noted that the agreement contained provisions for minimum wage rates, entitlements, and other employment conditions that were in line with industry standards. Furthermore, the Commission determined that the agreement did not contain any prohibited content and was beneficial to the employees, meeting the 'better off overall' test. As a result, the Commission approved the Enterprise Agreement, acknowledging its compliance with the legislative requirements.

The final orders of the Fair Work Commission approved the Lawry Operating Trust and the Construction, Forestry, Maritime, Mining and Energy Union's Enterprise Agreement for the period 2020 to 2023. This approval ensures that the agreement will now be the legally binding framework for the employment terms and conditions of the subcontractors involved in rigging and steel erecting roles, subject to the provisions of the Fair Work Act.

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