DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5888)

FORM REO POUR AUST 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, 9 JULY 2021

Application for approval of the FORM REO POUR AUST 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 FORM REO POUR AUST 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] 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 16 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

The matter before the Fair Work Commission involved an application for the approval of the Form REO Pour Aust 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 parties to the agreement, Form REO Pour Aust Pty Ltd and the union, sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The union argued that the agreement was in the best interests of the employees covered by it, while the employer sought to have the agreement registered on the basis that it was fair and reasonable.

The legal issues before the commission included whether the agreement met the requirements of section 233 of the Fair Work Act, which provides that an enterprise agreement must be registered if the Fair Work Commission is satisfied that it is in the best interests of the employees and does not discriminate against employees on the basis of sex, pregnancy, marital status, family responsibilities, age, disability, race, colour, nationality, political opinion, religion, or industrial activity. The commission also needed to consider whether the agreement was fair and reasonable, and whether it complied with any relevant minimum standards set out in the Fair Work Act.

In making its decision, the commission considered the evidence and submissions presented by the parties. The commission found that the agreement was in the best interests of the employees covered by it and did not discriminate against employees on any of the prohibited grounds. The commission also found that the agreement was fair and reasonable and complied with all relevant minimum standards. The commission noted that the agreement provided for a number of benefits for employees, including a wage increase, improved leave entitlements, and better protections against unfair dismissal. The commission was satisfied that the agreement was a genuine enterprise agreement and that it would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the Form REO Pour Aust Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 as a registered enterprise agreement. The agreement is now binding on the employer, the union and all employees covered by it. The parties are required to comply with the terms of the agreement and are protected from legal action in relation to any matters covered by the agreement.

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