Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7354)

BRIDGECON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the BRIDGECON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the BRIDGECON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 30 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, BRIDGECON PTY LTD and the CFMEU (Victorian Construction and General Division), sought approval of the Subcontractors Formwork Enterprise Agreement 2020-2023 under the Fair Work Act 2009. The Fair Work Commission heard the application and needed to decide if the agreement met the requirements for approval under the Act. Specifically, the Commission had to consider if the agreement was in the public interest, if it contained minimum terms and conditions, and if it was free of any unlawful provisions.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it, and whether it complied with the minimum standards prescribed by the Act. The Commission had to examine the contents of the agreement to ensure it did not undermine the safety, health, or welfare of employees or the public, and that it did not permit any unfair dismissal practices.

After reviewing the agreement, the Commission found that it provided for fair and reasonable terms and conditions for the employees. The agreement contained provisions that met the minimum standards required by the Act, including provisions for hours of work, leave, and penalties. The Commission also found that the agreement did not undermine the safety, health, or welfare of employees or the public, and that it did not permit any unfair dismissal practices. The Commission was satisfied that the agreement was in the public interest and approved it under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Subcontractors Formwork Enterprise Agreement 2020-2023 and registered it under the Fair Work Act 2009. The agreement is now a legally binding enterprise agreement between BRIDGECON PTY LTD and the CFMEU (Victorian Construction and General Division), and it will apply to the employees covered by it for the period of 2020-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established