DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5853)

THE TRUSTEE FOR THE PECK FAMILY TRUST T/AS AMICRON INTERNATIONAL (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 JULY 2021

Application for approval of THE TRUSTEE FOR THE PECK FAMILY TRUST T/AS AMICRON INTERNATIONAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as THE TRUSTEE FOR THE PECK FAMILY TRUST T/AS AMICRON INTERNATIONAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of an enterprise agreement between The Trustee for the Peck Family Trust t/as Amicron International (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The dispute arose as the parties could not reach an agreement on the terms of the enterprise agreement, particularly concerning the classification of workers and the rates of pay.

The central legal issues for the Commission to decide involved the proper classification of workers under the agreement and whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission had to determine if the classification of workers as either subcontractors or employees was appropriate and if the proposed rates of pay were fair and reasonable.

The Fair Work Commission examined the evidence presented by both parties and considered the relevant legislative and regulatory framework. The Commission found that the classification of workers as subcontractors was appropriate, given the nature of their work and the level of control exercised by Amicron International over the work performed. The Commission also determined that the proposed rates of pay were fair and reasonable, taking into account the relevant industry benchmarks and the overall economic climate. Consequently, the Commission approved the enterprise agreement as it complied with the Fair Work Act 2009 and its regulations.

The final order of the Commission was that the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 between The Trustee for the Peck Family Trust t/as Amicron International (Vic) Pty Ltd and the CFMEU was approved as a registered agreement under the Fair Work Act 2009. The agreement would be registered and enforceable from the date of the Commission's decision, ensuring that the terms of the agreement would apply to the relevant workers and employers.

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