DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6247)

RLSW SAWING AND 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
COMMISSIONER LEE	MELBOURNE, 28 JULY 2021

Application for approval of the RLSW SAWING AND 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 RLSW SAWING AND 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] 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 4 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 parties involved in this case were RLSW Sawing and Drilling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was about the approval of their Enterprise Agreement for the period 2020-2023. The matter was heard by the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The FWC was tasked with determining whether the agreement met the necessary legal requirements and was in the interests of the employees and employers.

The primary legal issue before the FWC was whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009. This involved assessing if the agreement was appropriately negotiated, whether it contained terms and conditions that were fair and reasonable, and whether it adhered to the specific requirements for enterprise agreements under the Act. Another key point was whether the agreement appropriately balanced the interests of both the employees and the employer. The FWC also had to consider the implications of the agreement on the broader industrial relations environment.

In delivering its decision, the FWC examined the negotiation process and found it to be genuine, fair, and in good faith. The Commission assessed the terms and conditions of the agreement and determined that they were fair and reasonable. The FWC concluded that the agreement met all the legal requirements under the Fair Work Act 2009 and was in the best interests of both the employees and the employer. The Commission found that the agreement appropriately balanced the needs and rights of the parties involved, and it did not adversely affect the broader industrial relations environment.

The FWC approved the RLSW Sawing and Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. This decision allowed the agreement to come into effect from the date of approval, providing a framework for the employment relationship between the parties for the specified period. The approval signified that the agreement complied with the legal standards and was beneficial for both employees and employers.

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