Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7654)

A.S.P. ACCESS FLOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 OCTOBER 2021

Application for approval of the A.S.P. ACCESS FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the A.S.P. ACCESS FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[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 19 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and A.S.P. Access Floors Pty Ltd sought the Fair Work Commission's approval of the Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. The dispute was heard in the Fair Work Commission, which is the body responsible for handling workplace relations issues in Australia.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with the process outlined in the Act for the approval of enterprise agreements.

The Commission determined that the agreement was made in good faith and contained fair and reasonable terms and conditions. It noted that the agreement was the result of extensive negotiations between the parties and that it provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, and dispute resolution. The Commission also found that the agreement complied with the statutory requirements for approval and was therefore eligible for registration.

In conclusion, the Fair Work Commission approved the Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023, finding that it met the necessary criteria for registration under the Fair Work Act. The agreement was registered on the date of the decision and will govern the employment conditions of the relevant workers for the duration of the 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