DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5968)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 JULY 2021

Application for approval of the BECKCON COMMERCIAL 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 BECKCON COMMERCIAL 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

The matter before the Fair Work Commission involved an application for the approval of the BECKCON COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The applicant, BECKCON COMMERCIAL PTY LTD, sought to have the enterprise agreement approved under the Fair Work Act 2009. The CFMEU (Victorian Construction and General Division) represented the employees. The central issue before the Commission was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act, particularly focusing on whether the agreement had been made in good faith and whether it met the criteria for approval as set out in the legislation.

The Commission examined the negotiation process and the content of the agreement to determine if it had been made in good faith. It considered whether the parties had genuinely attempted to negotiate the agreement, if there were any procedural shortcomings, and if the agreement provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission assessed whether the agreement contained all the mandated minimum terms and conditions as per the Fair Work Act and if it met the additional requirements for approval, such as ensuring the agreement did not undermine the operation of the safety net of minimum wages and conditions.

After reviewing the evidence and submissions, the Fair Work Commission found that the agreement had been made in good faith and complied with the statutory requirements. The negotiation process was deemed to be genuine, and the terms and conditions were fair and reasonable. The agreement also included all mandated minimum terms and conditions and met the criteria for approval. Consequently, the Commission approved the BECKCON COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

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