DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6857)

MELBOURNE SAWING & DRILLING 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, 3 SEPTEMBER 2021

Application for approval of the MELBOURNE SAWING & DRILLING 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 MELBOURNE SAWING & DRILLING 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 10 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Melbourne Sawing & Drilling Pty. Ltd. sought the approval of the Enterprise Agreement, negotiated under the Fair Work Act 2009, in the Fair Work Commission. The disagreement arose from the terms of the proposed agreement, specifically concerning the rights and obligations of the parties involved.

The primary legal issue before the court was whether the agreement met the criteria for registration as set out in the Fair Work Act. This included determining whether the agreement provided for fair and equitable terms and conditions, was free from any unfair provisions, and had been genuinely negotiated between the parties. The court was also tasked with assessing whether the agreement had been properly certified as a simple or low-complexity agreement.

In reaching its decision, the court examined the content of the agreement and the certification process. The court found that the agreement contained fair and equitable terms and conditions, was free from any unfair provisions, and had been genuinely negotiated. Furthermore, the court determined that the agreement had been properly certified as a simple agreement, meeting the requirements of the Fair Work Act. Consequently, the court approved the agreement, recognising its compliance with the necessary legal standards.

The court's decision resulted in the formal approval of the Enterprise Agreement between the CFMEU and Melbourne Sawing & Drilling Pty. Ltd. The agreement, which was negotiated in good faith and contained fair terms, was now recognised as legally binding between the parties. This outcome ensured that the rights and obligations of the employees and the employer were clearly defined and protected under the approved terms of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established