DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5906)

XTREME CONCRETE WORKS 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, 12 JULY 2021

Application for approval of the XTREME CONCRETE WORKS 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 XTREME CONCRETE WORKS 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 19 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 this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Xtreme Concrete Works Pty Ltd applied for the approval of the XTREME CONCRETE WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under section 232 of the Act. This involves determining if the agreement contained the prescribed terms and conditions, was made in good faith, and did not have the effect of disadvantaging employees for the purpose of providing them with a benefit. Furthermore, the Commission had to consider if the agreement was made in accordance with the applicable provisions of the Act, including any relevant industry codes of conduct.

The Commission found that the agreement satisfied all the requirements for approval. It was determined that the agreement was made in good faith and did not disadvantage employees for the purpose of providing them with a benefit. Additionally, the agreement complied with the relevant provisions of the Fair Work Act and adhered to the industry codes of conduct. The Commission concluded that the agreement met all the necessary criteria for approval.

As a result, the Fair Work Commission approved the XTREME CONCRETE WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. This decision provides certainty for the parties involved and ensures that the agreement is legally binding and enforceable.

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