DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5989)

SORCO CONCRETE 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, 14 JULY 2021

Application for approval of the SORCO CONCRETE 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 SORCO CONCRETE 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 21 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the SORCO CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was brought forth by SORCO CONCRETE PTY LTD, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) represented the interests of the subcontractors involved. The primary dispute centred around the compliance of the enterprise agreement with the statutory requirements and the balance of the agreement in terms of fairness and appropriateness.

The legal issues before the Fair Work Commission included whether the agreement had been made freely and fairly without any undue influence or coercion, if it contained the minimum terms and conditions as prescribed by the Fair Work Act, and if it was in the best interest of the employees. Additionally, the Commission had to assess if the agreement provided for adequate protections and benefits for the subcontractors, and if the agreement facilitated a cooperative and productive workplace environment.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, found that the agreement was made freely and fairly. It also determined that the agreement met the minimum terms and conditions set out in the Fair Work Act and was in the best interest of the employees. The Commission was satisfied that the agreement provided for adequate protections and benefits for the subcontractors and promoted a cooperative and productive workplace environment. Consequently, the Fair Work Commission approved the SORCO CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, effective from the date of the decision, and the registration of the agreement with the Fair Work Ombudsman. The agreement was to be accessible to all employees and employers covered by it, ensuring compliance with the Fair Work Act and its associated regulations.

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