DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6048)

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

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JULY 2021

Application for approval of the COLCRETE CONSTRUCTIONS GROUP 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 COLCRETE CONSTRUCTION GROUP 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[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 23 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Concrete Placement, a subcontractor of Colcret Constructions Group Pty Ltd, to the Australian Industrial Relations Commission for approval of their Enterprise Agreement. The agreement was proposed to govern the terms and conditions of employment for subcontractors in the concrete placement industry for the period 2020 to 2023. The CFMEU sought to ensure fair wages and working conditions for the subcontractors while the Colcret Constructions Group aimed to maintain operational efficiency and cost-effectiveness in its supply chain.

The primary legal issue before the Court was whether the proposed Enterprise Agreement complied with the requirements set out in the Fair Work Act 2009, particularly concerning the provisions for dispute resolution and the protection of employees' rights. The Court had to determine if the agreement met the criteria for simplicity, clarity, and fairness, and whether it contained appropriate mechanisms for resolving disputes in a timely and effective manner.

The Court found that the proposed agreement adequately addressed the need for simplicity and clarity, ensuring that the terms were easily understandable for all parties involved. It also noted that the agreement provided a fair and effective mechanism for resolving disputes through the establishment of a dedicated dispute resolution process. The Court concluded that the agreement was in compliance with the statutory requirements and approved it. The Court emphasised the importance of maintaining a balance between the interests of the employers and the rights of the employees, and found that the agreement achieved this balance effectively.

As a result of the Court's decision, the Concrete Placement Enterprise Agreement 2020-2023 was approved and registered, providing a framework for the terms and conditions of employment for subcontractors in the concrete placement industry for the specified period. The agreement will now serve as a binding contract between the CFMEU, Concrete Placement, and Colcret Constructions Group Pty Ltd, governing the working conditions and dispute resolution processes for the duration of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established