DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5879)

PREMIER CIVIL STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JULY 2021

Application for approval of the PREMIER CIVIL STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the PREMIER CIVIL STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the PREMIER CIVIL STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The agreement concerned the terms and conditions of employment for employees working on formwork projects for Premier Civil Structures Pty Ltd. The CFMEU argued that the proposed agreement was suitable for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it provided for minimum terms and conditions, including the national minimum wage, penalty rates, leave entitlements, and other terms that are no less favourable than the applicable award or registered agreement. The Commission also considered whether the agreement was in the interests of the employees covered by it and whether it complied with the good faith bargaining requirements.

The Commission found that the proposed agreement provided for terms and conditions that were no less favourable than the relevant award and met the minimum standards set by the Fair Work Act. The Commission also determined that the agreement was in the best interests of the employees and that the CFMEU had engaged in good faith bargaining with Premier Civil Structures Pty Ltd. Consequently, the Commission approved the agreement as a registered enterprise agreement under the Fair Work Act.

The Commission's approval of the agreement means that it will now be in effect for the period 2020 to 2023, governing the employment conditions of employees working on formwork projects for Premier Civil Structures Pty Ltd. The agreement will provide a framework for the terms and conditions of employment, including wages, hours of work, leave entitlements, and other employment-related matters, for the duration of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established