DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6173)

FULL CONSTRUCTION SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2021

Application for approval of the FULL CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the FULL CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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 10 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Full Court of the Fair Work Commission heard an application for the approval of the Full Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The application was brought by the union, who sought to have the enterprise agreement made under section 234 of the Fair Work Act 2009 approved. The company opposed the application on the basis that the agreement did not meet the requirements of section 234 of the Act.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of section 234 of the Act, which requires that the agreement must be in writing, be made in good faith, and provide for a fair and reasonable method of determining whether an employee is covered by the agreement. The court also considered whether the agreement provided for a fair and reasonable method of determining whether an employee was covered by the agreement, as required by section 234(1)(a)(i) of the Act.

The court found that the agreement complied with the requirements of section 234 of the Act. The court noted that the agreement was in writing, had been made in good faith, and provided for a fair and reasonable method of determining whether an employee was covered by the agreement. The court also found that the agreement provided for a fair and reasonable method of determining whether an employee was covered by the agreement, as required by section 234(1)(a)(i) of the Act. The court concluded that the agreement met all of the requirements of section 234 of the Act and was therefore approved.

The court approved the enterprise agreement and made an order that it be registered by the Registrar of the Fair Work Commission. The court also made an order that the agreement would be in effect from the date of the order and would remain in effect until the earlier of the agreement expiring or being replaced by a new agreement.

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