DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6451)

KUSTOM CUT CONCRETE CUTTING & 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 AUGUST 2021

Application for approval of the KUSTOM CUT CONCRETE CUTTING & 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 KUSTOM CUT CONCRETE CUTTING & 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of the KUSTOM CUT CONCRETE CUTTING & DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The respondent, KUSTOM CUT CONCRETE CUTTING & DRILLING PTY LTD, did not oppose the application. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement met the requirements of section 231 of the Fair Work Act 2009. The Commission needed to determine if the agreement was in the public interest, as it concerned the employment conditions of workers in the concrete sawing and drilling industry. This included examining if the agreement provided for fair and reasonable terms and conditions, and whether it adequately balanced the interests of employers and employees.

The Commission found that the proposed agreement met the criteria set out in section 231 of the Fair Work Act. It provided for fair and reasonable terms and conditions, taking into account the nature of the industry and the bargaining positions of the parties. The Commission approved the agreement, noting that it represented a fair and reasonable outcome for both employers and employees. The agreement was deemed to be in the public interest, as it provided for the fair and efficient operation of the industry while also protecting the rights and interests of employees.

The Fair Work Commission approved the KUSTOM CUT CONCRETE CUTTING & DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The agreement was registered with the Commission, and its terms and conditions became binding on the parties from the date of registration.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Legal Principle Established