DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6266)

KINGICRETEVIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JULY 2021

Application for approval of the KINGICRETEVIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the KINGICRETEVIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 4 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Kingicrete Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The dispute centred around the terms of the agreement between Kingicrete Vic Pty Ltd and the CFMEU concerning the employment of subcontractors in the concrete placement industry. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission considered were whether the agreement provided for the genuine and voluntary negotiation of terms and conditions, and whether it complied with the requirements of the Fair Work Act, including provisions regarding minimum entitlements and dispute resolution mechanisms. The Commission also examined whether the agreement adequately safeguarded the rights of employees and subcontractors, ensuring fair and reasonable terms. The CFMEU argued that the agreement was the product of genuine negotiations and provided fair terms and conditions, while Kingicrete Vic Pty Ltd contended that certain provisions did not meet the statutory criteria.

The Commission found that the agreement was generally the product of genuine and voluntary negotiations, and that it provided fair and reasonable terms for the employees and subcontractors involved. The Commission acknowledged the complexities of the negotiations and the efforts made by both parties to reach a consensus. However, the Commission identified certain provisions that did not comply with the statutory requirements, such as those relating to minimum entitlements and dispute resolution. After considering the evidence and submissions from both parties, the Commission approved the agreement with modifications to ensure compliance with the Fair Work Act.

The Commission's final orders included the approval of the agreement with specified modifications to ensure compliance with the statutory requirements. These modifications addressed the concerns regarding minimum entitlements and dispute resolution mechanisms, ensuring that the agreement met the necessary criteria for approval. The Commission's decision highlighted the importance of genuine negotiations and the need for agreements to provide fair and reasonable terms for all parties involved.

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