DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5819)

SHEPPARTON TERRAZZO WORKS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JULY 2021

Application for approval of the SHEPPARTON TERRAZZO WORKS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the SHEPPARTON TERRAZZO WORKS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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] 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.

[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 14 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

The parties to the proceeding were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Shepparton Terrazzo Works Pty Ltd, with the latter being a subcontractor in the construction industry. The dispute centred on the approval of the Subcontractors Precast Panel Enterprise Agreement (the Agreement) for the period 2020 to 2023. The Fair Work Commission was the tribunal responsible for making the decision.

The primary legal issue before the Commission was whether the Agreement met the criteria set out in the Fair Work Act 2009, particularly if it was made in good faith and without any coercion, and if it provided fair and reasonable terms for the employees. The Commission also considered if the Agreement provided for a fair and efficient workplace and if the terms were consistent with the broader national workplace relations system.

The Commission found that the Agreement was made in good faith and without any coercion, and that the terms were fair and reasonable for the employees. The Agreement was also found to provide for a fair and efficient workplace and was consistent with the broader national workplace relations system. The Commission noted that the Agreement provided for a range of protections for employees, including provisions for wages, conditions of employment, and dispute resolution mechanisms. The Commission also found that the Agreement was negotiated in a transparent and collaborative manner, with both parties demonstrating a commitment to reaching an agreement that was fair and reasonable for all parties.

As a result of its findings, the Commission approved the Agreement, and it will now be applicable to the employees of Shepparton Terrazzo Works Pty Ltd for the period 2020 to 2023. The Commission's decision provides certainty for both the employees and the employer and ensures that the workplace operates in a fair and efficient manner.

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