DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6573)

CLASSIC-CUT (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 AUGUST 2021

Application for approval of the CLASSIC-CUT (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 CLASSIC-CUT (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 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a proposed enterprise agreement between the CLASSIC-CUT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The case was brought before the Fair Work Commission (FWC). The primary issue for the FWC to decide was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees.

The FWC examined the proposed agreement's compliance with the criteria outlined in the Fair Work Act. This included assessing whether the agreement had been negotiated in good faith, whether it contained minimum terms and conditions, and whether it was free from prohibited content. The FWC also considered the impact of the agreement on the employees' terms and conditions, as well as any potential benefits or detriments that might arise from its approval. After reviewing the evidence and submissions from both parties, the FWC concluded that the proposed agreement satisfied the necessary requirements and was in the best interests of the employees.

Consequently, the FWC approved the CLASSIC-CUT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The approval ensures that the terms and conditions outlined in the agreement will apply to the employees of CLASSIC-CUT (VIC) PTY LTD for the specified period.

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