Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8116)

BRC PILING & FOUNDATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the BRC Piling & Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 BRC Piling & Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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.

[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 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.

[5] The Agreement was approved on 8 November 2021 and, in accordance with s 54, will operate from 15 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 case involved an application for the approval of an enterprise agreement between BRC Piling & Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023. The matter was brought before the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations. The Fair Work Commission was required to determine whether the enterprise agreement should be approved in accordance with the Fair Work Act 2009. The central issue before the tribunal was whether the enterprise agreement met the criteria for approval under the Act. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions for employees, whether it had been negotiated in good faith, and whether it complied with the procedural requirements set out in the Act.

The Fair Work Commission examined the evidence and submissions from both parties, as well as the terms and conditions of the proposed enterprise agreement. In reaching its decision, the tribunal considered the relevant provisions of the Fair Work Act 2009 and previous case law. The Commission determined that the agreement provided for fair and reasonable terms and conditions for employees and that it had been negotiated in good faith. Furthermore, the Commission found that the agreement complied with all procedural requirements set out in the Act. Consequently, the Fair Work Commission approved the enterprise agreement, finding it to be in compliance with the statutory criteria. The decision was based on the evidence and submissions presented, as well as the tribunal's interpretation of the relevant legislation and case law.

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