Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7509)

RAPID CALIBRE CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the RAPID CALIBRE CONSTRUCTION PTY LTD and CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the RAPID CALIBRE CONSTRUCTION PTY LTD and 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). 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 7 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RAPID CALIBRE CONSTRUCTION PTY LTD, who were seeking approval of their Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal. The nature of the dispute centred around the terms and conditions of the proposed agreement and whether it complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the proposed enterprise agreement were in compliance with the statutory requirements under the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the minimum standards set out in the Act, including provisions related to the minimum rates of pay, leave entitlements, and other employment conditions. Additionally, the Commission had to determine if the agreement was fairly negotiated and whether it provided for a proper process for the resolution of disputes.

In making its decision, the Commission carefully examined the proposed agreement and considered submissions from both parties. The Commission found that the agreement met the statutory requirements and was fairly negotiated. The Commission noted that the proposed agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and leave entitlements that met or exceeded the minimum standards set out in the Act. The Commission also found that the proposed agreement provided for an effective process for the resolution of disputes, including the establishment of a dispute resolution committee and provisions for conciliation and arbitration. Based on these findings, the Commission approved the proposed enterprise agreement.

As a result of the Commission's decision, the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 between RAPID CALIBRE CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) has been formally approved and is now in effect. This outcome provides certainty and stability for both employers and employees in the construction industry and ensures that the terms and conditions of employment are fair and reasonable.

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