DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6415)

THE TRUSTEE FOR ACCELERATED CONCRETE SAWING UNIT TRUST T/AS ACCELERATED CONCRETE SAWING 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, 6 AUGUST 2021

Application for approval of THE TRUSTEE FOR ACCELERATED CONCRETE SAWING UNIT TRUST T/AS ACCELERATED CONCRETE SAWING 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 TRUSTEE FOR ACCELERATED CONCRETE SAWING UNIT TRUST T/AS ACCELERATED CONCRETE SAWING 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 13 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of an enterprise agreement. The parties involved were the trustee for the Accelerated Concrete Sawing Unit Trust trading as Accelerated Concrete Sawing and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the Victorian Construction and General Division's Subcontractors Concrete Sawing and Drilling Enterprise Agreement for the period 2020-2023. The primary dispute centred around whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement contained all the mandatory terms as required by the Fair Work Act, if it complied with the provisions for employee protection and dispute resolution, and whether it had been made in good faith and without coercion. Additionally, the Commission considered whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In its decision, the Commission determined that the proposed agreement was consistent with the legislative framework. The agreement included all the mandatory terms and did not disadvantage employees. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it would facilitate cooperative workplace relations. The Commission noted that the agreement had been negotiated fairly and that it provided for a reasonable balance between the interests of the employer and employees. Consequently, the Commission approved the agreement, recognising it as a lawful and fair representation of the terms and conditions of employment for the relevant workers.

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