Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7289)

HARD CORE VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 SEPTEMBER 2021

Application for approval of the HARD CORE VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the HARD CORE VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 24 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 case before the Fair Work Commission involved an application by Hard Core Vic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The agreement sought to establish the terms and conditions of employment for concrete sawing and drilling subcontractors within the construction industry. The applicants argued that the agreement would adequately protect the rights and interests of the employees involved and that it should be approved and registered under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it had been made in good faith and without coercion. The Commission also had to consider whether the agreement complied with the procedural requirements for approval, such as the provision of relevant information to the employees and the opportunity for them to be represented by a relevant union or employee representative.

After considering the evidence and arguments presented by the parties, the Commission found that the proposed enterprise agreement met the requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without coercion. The Commission also found that the procedural requirements for approval had been met, and that the agreement was therefore eligible for registration. As a result, the Commission approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 and registered it under the Fair Work Act. The decision provides guidance to employers and employees in the construction industry on the terms and conditions of employment for concrete sawing and drilling subcontractors, and sets a precedent for future enterprise agreements in this area.

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