DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6737)

ACTIVE FLOOR PREPARATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 AUGUST 2021

Application for approval of the ACTIVE FLOOR PREPARATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ACTIVE FLOOR PREPARATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 3 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ACTIVE FLOOR PREPARATION PTY LTD for the approval of the Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. The agreement sought to regulate terms and conditions of employment for employees within the remedial concrete and access flooring industry in Victoria. The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly whether it was a genuine enterprise agreement and whether it complied with the procedural requirements.

The Commission found that the agreement was genuinely an enterprise agreement, as it was negotiated between the employer and the union, and it covered employees who were appropriately represented by the union. The Commission noted that the agreement had been negotiated in good faith and that there was evidence of the union's authority to represent the employees. The Commission also considered the procedural fairness of the agreement, and was satisfied that the agreement had been properly communicated to the employees and that there had been an opportunity for them to provide input. The Commission concluded that the agreement was a genuine enterprise agreement and that it complied with the procedural requirements.

In light of the findings, the Commission approved the Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement sets out the terms and conditions of employment for employees in the remedial concrete and access flooring industry in Victoria, and provides for a range of matters including wages, hours of work, leave entitlements, and dispute resolution procedures. The approval of the agreement ensures that employees in the industry have a fair and reasonable set of employment terms and conditions, and provides certainty and stability for both employers and employees.

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