DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6567)

PREFAB1 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2021

Application for approval of the PREFAB1 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the PREFAB1 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved PREFAB1 PTY LTD, a company operating in the construction industry, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically its Victorian Construction and General Division. The dispute centred on the application for the approval of a specific enterprise agreement, the Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023. This application was heard by the Fair Work Commission, an Australian federal statutory authority responsible for resolving workplace disputes and maintaining fair workplace practices.

The central legal issues before the court were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards of procedural fairness and substantive fairness. The court had to ensure that the agreement was made free of any improper conduct, included all necessary provisions, and did not unfairly discriminate against any group of employees. Additionally, the court had to consider whether the agreement was in the best interests of the employees and the employer.

In delivering the decision, the Commission examined the provisions of the proposed agreement, the process by which it was negotiated, and the evidence presented by both parties. The court found that the agreement was procedurally sound, having been negotiated in good faith, and that it contained all the necessary provisions as mandated by the Fair Work Act. Furthermore, the agreement was deemed to be fair and reasonable, taking into account the interests of both the employees and the employer. The Commission approved the application, allowing the agreement to come into effect.

The Fair Work Commission approved the Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023, affirming its compliance with the Fair Work Act and its adherence to principles of procedural and substantive fairness.

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