DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5804)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 JULY 2021

Application for approval of the RICAN CONSTRUCTION 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 RICAN CONSTRUCTION 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 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.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a Subcontractors Formwork Enterprise Agreement between RICAN Construction Pty Ltd and the CFMEU (Victorian Construction and General Division). The union argued that the agreement would provide better pay and conditions for formwork subcontractors in the construction industry. RICAN Construction Pty Ltd supported the application, stating that the agreement would improve productivity and job security for subcontractors.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including the provisions relating to the authorisation of enterprise agreements by the Commission. The Commission also had to consider whether the agreement provided for fair and reasonable pay and conditions for the employees covered by the agreement.

The Commission found that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable pay and conditions for the employees covered by the agreement. The Commission approved the Subcontractors Formwork Enterprise Agreement, which will now apply to formwork subcontractors employed by RICAN Construction Pty Ltd and other covered employers. The union and RICAN Construction Pty Ltd welcomed the decision, which they believe will improve the working conditions and job security for formwork subcontractors in the construction industry.

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