Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWC 1676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2202)

LASER SCREED SERVICES PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 JULY 2023

Application for approval of the LASER SCREED SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

An application has been made for approval of an enterprise agreement known as the LASER SCREED SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 6 June 2023 and the Agreement was made on 28 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying on and from 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 11 July 2023 and, in accordance with s.54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the LASER SCREED SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The respondent, LASER SCREED SERVICES PTY. LTD., did not oppose the application, but raised concerns about the enforceability of certain clauses in the proposed agreement. The primary issue for the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and was consistent with the principles of the Fair Work system.

The Commission considered whether the proposed agreement complied with the legislative requirements for enterprise agreements and whether it contained terms that were procedurally and/or materially unfair. The Commission noted that the proposed agreement contained a number of standard terms and conditions, as well as provisions relating to wages, penalties, and dispute resolution. The Commission found that the proposed agreement was consistent with the principles of the Fair Work system and did not contain any terms that were procedurally or materially unfair. The Commission also found that the proposed agreement was consistent with the provisions of the Fair Work Act 2009.

Following its deliberations, the Commission approved the proposed agreement. The Commission noted that the proposed agreement provided for a fair and reasonable outcome for both parties and was consistent with the principles of the Fair Work system. The Commission also noted that the proposed agreement did not contain any terms that were procedurally or materially unfair and was consistent with the provisions of the Fair Work Act 2009. The Commission approved the proposed agreement and directed that it be registered with the Fair Work Commission.

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