Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6982)

GEELONG PRECAST PTY LTD ATF GEELONG PRECAST UNIT TRUST T/AS COEN PRECAST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 SEPTEMBER 2021

Application for approval of the GEELONG PRECAST PTY LTD ATF GEELONG PRECAST UNIT TRUST T/As COEN PRECAST and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the GEELONG PRECAST PTY LTD ATF GEELONG PRECAST UNIT TRUST T/As COEN PRECAST and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between Geelong Precast, trading as Coen Precast, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, an independent statutory tribunal with federal jurisdiction, tasked with resolving disputes related to workplace relations. Geelong Precast is a precast concrete supplier, and the union represents the interests of workers within the relevant industries.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant legislative provisions, specifically those in the Fair Work Act 2009. The key concerns included whether the agreement was a genuine enterprise agreement, if it contained the necessary "protected action provisions" to ensure fair and efficient workplace relations, and if it adhered to the requirements regarding the provision of information to employees and the process for employee consultation. Additionally, the Commission had to consider whether the agreement was likely to ensure "fairness for all" as required by section 235 of the Fair Work Act.

In making its decision, the Fair Work Commission examined the evidence presented by both parties and assessed the proposed agreement against the legislative criteria. The Commission determined that the agreement was genuine, as it was made between the employer and the relevant union, and it met the requirements of the Fair Work Act. The Commission also found that the agreement contained the necessary protected action provisions, ensuring that employees could take protected industrial action if required. Furthermore, the Commission concluded that the agreement was likely to ensure fairness for all parties involved. Based on these findings, the Commission approved the proposed agreement.

The final orders of the Commission included the approval of the Geelong Precast Pty Ltd ATF Geelong Precast Unit Trust t/as Coen Precast and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The approved agreement will now be in force for the specified period, governing the terms and conditions of employment for the relevant workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established