Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8000)

HOLLOW CORE CONCRETE PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 NOVEMBER 2021

Application for approval of the HOLLOW CORE CONCRETE PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the HOLLOW CORE CONCRETE PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 10 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the Hollow Core Concrete Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission needed to address was whether the agreement complied with the procedural and substantive requirements for enterprise agreements as set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement had been made in good faith, if it was free from any improper influences or pressures, and if it met the provisions for employee engagement and the minimum standards outlined in the Act.

The Fair Work Commission found that the agreement was made in good faith, without any improper influences or pressures, and that it provided for appropriate processes for employee engagement. The Commission also determined that the agreement met all the relevant minimum standards and was compliant with the requirements of the Fair Work Act. Consequently, the Commission approved the agreement, confirming its validity and enforceability.

As a result of the Commission's decision, the Hollow Core Concrete Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 was approved, and the applicant's application for approval was successful. The approved agreement now serves as a binding contract between the employer and the employees, governing their terms and conditions of employment for the specified period.

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