DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5953)

MAINLAND CIVIL VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the MAINLAND CIVIL VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MAINLAND CIVIL VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 20 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Mainland Civil Vic PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023, the Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The application was brought by the union on behalf of its members working in the specified industries in Victoria. The employer contested the application, arguing that certain provisions of the agreement did not comply with the Act.

The central legal issue before the Commission was whether the provisions of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly whether the agreement met the "better-off-overall test" and did not contain any terms that were "unreasonable". The Commission considered the arguments presented by both parties and examined the terms of the agreement in detail.

After thorough examination, the Commission found that the agreement met the statutory requirements and was fair and reasonable. The Commission determined that the agreement provided for terms and conditions that were at least as good as, or better than, the applicable awards and that the agreement did not contain any terms that were unreasonable. The Commission approved the agreement, finding that it complied with the provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Mainland Civil Vic PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The agreement was deemed to be fair and reasonable, meeting the requirements of the Fair Work Act 2009, and was therefore approved for implementation.

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