DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6075)

THE TRUSTEE FOR AUSTRAL CORE & SAW UNIT TRUST T/AS AUSTRAL CORE & SAW PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2020-2023

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 19 JULY 2021

Application for approval of THE TRUSTEE FOR AUSTRAL CORE & SAW UNIT TRUST T/AS AUSTRAL CORE & SAW 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 TRUSTEE FOR AUSTRAL CORE & SAW UNIT TRUST T/AS AUSTRAL CORE & SAW 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] 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 26 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this matter were The Trustee for Austral Core & Saw Unit Trust trading as Austral Core & Saw Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The dispute was brought before the Fair Work Commission, which was required to determine whether to approve the enterprise agreement as an improved safety net agreement. The enterprise agreement in question was proposed by the employer and the union to replace an existing agreement that was due to expire.

The central legal issue before the Commission was whether the proposed enterprise agreement provided a safety net that was at least as good as the current award, as required by section 230 of the Fair Work Act 2009. The Commission had to assess the provisions of the proposed agreement against the existing award to determine if the new agreement met the safety net standard. This involved comparing the terms and conditions, such as wages, penalties, and entitlements, in the proposed agreement to those in the award to ensure that the agreement did not provide lesser protections.

The Commission concluded that the proposed agreement provided a safety net that was at least as good as the current award. The Commission found that the proposed agreement contained provisions that were no less favourable than those in the award and, in some instances, provided better protections and benefits. The agreement included higher minimum wages, more robust penalty rates, and additional entitlements for employees. The Commission was satisfied that the agreement met the statutory requirement of providing a safety net that was at least as good as the award.

As a result, the Fair Work Commission approved the proposed enterprise agreement as an improved safety net agreement. The decision ensures that the terms and conditions of employment for the employees covered by the agreement are protected under the new agreement, which provides at least the same protections as the existing award.

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