DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5976)

CITY CIRCLE DEMOLITION & EXCAVATION PTY LTD T/AS CITY CIRCLE DEMOLITION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the CITY CIRCLE DEMOLITION & EXCAVATION PTY LTD T/AS CITY CIRCLE DEMOLITION and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CITY CIRCLE DEMOLITION & EXCAVATION PTY LTD T/AS CITY CIRCLE DEMOLITION and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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] 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.

[4] 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a Subcontractors Demolition Enterprise Agreement 2020-2023 between City Circle Demolition & Excavation Pty Ltd (the Employer) and the CFMEU. The matter was heard by Deputy President A. A. J. Richards, who was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary issue was whether the agreement was a "registered agreement" under the Fair Work Act, which required consideration of whether the agreement met the procedural and substantive criteria for approval. The Deputy President examined whether the agreement was in writing, had been made by an eligible party, and had been made in good faith. Furthermore, the Deputy President needed to determine whether the agreement provided for proper workplace relations, and whether it complied with the "better off overall test" and "no unfair dismissals test."

The Deputy President concluded that the agreement met all the necessary criteria for approval. The agreement was in writing, had been made by an eligible party, and had been made in good faith. The Deputy President found that the agreement provided for proper workplace relations and met the better off overall test and no unfair dismissals test. The Deputy President approved the agreement, which will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Subcontractors Demolition Enterprise Agreement 2020-2023 between City Circle Demolition & Excavation Pty Ltd and the CFMEU. The agreement will now be registered with the Fair Work Commission and will apply to eligible employees of the Employer.

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