DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6274)

ABLE INDUSTRIAL FLOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2021

Application for approval of the Able Industrial Floors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the Able Industrial Floors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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. The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[3] The Agreement was approved on 26 July 2021 and, in accordance with s 54, will operate from 2 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Able Industrial Floors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Remedial Concrete Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission. The primary legal issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically focusing on the procedural fairness and the adherence to the requirements of a genuine enterprise agreement.

The Fair Work Commission examined the procedural fairness of the agreement, ensuring that the process of reaching the agreement was transparent and that the parties had an opportunity to express their views. The Commission also assessed whether the agreement met the criteria of a genuine enterprise agreement, including that it was made in good faith and covered terms and conditions of employment. The Commission found that the agreement was made in good faith, that it was properly negotiated, and that it covered the terms and conditions of employment as required by the Act. The procedural fairness was upheld as both parties had the opportunity to participate in the negotiation process and the agreement was not found to be unreasonable.

In light of the findings, the Fair Work Commission approved the enterprise agreement. The decision was based on the Commission's determination that the agreement was made in good faith, was properly negotiated, and met all the statutory requirements of a genuine enterprise agreement. The Commission's approval of the agreement signifies that it will govern the employment terms and conditions of the employees of Able Industrial Floors Pty Ltd as per the stipulated period of 2020 to 2023.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established