DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5375)

DOMAIN CONCRETE 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, 9 JUNE 2021

Application for approval of the DOMAIN CONCRETE 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 DOMAIN CONCRETE 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 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 16 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Domain Concrete Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of a Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which is the body responsible for approving such agreements under Australian labour law. The dispute centred on whether the agreement met the necessary criteria for approval, particularly focusing on whether the agreement provided fair and reasonable terms for the employees involved.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement was free from any unlawful provisions, provided for fair and reasonable terms and conditions, and adhered to the procedural requirements for its approval. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of the employer and the employees.

In reaching its decision, the Commission examined the terms of the agreement in detail, considering input from both parties. The Commission noted that the agreement contained provisions that were in line with the statutory requirements and did not include any unlawful content. The terms and conditions were found to be fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission also confirmed that all procedural requirements for approval had been satisfied, including adequate consultation and the provision of necessary information to the parties involved. Consequently, the Commission approved the agreement, finding it met all the necessary criteria.

The Fair Work Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2020-2023, determining that it complied with the requirements of the Fair Work Act 2009. The Commission's approval was based on the fair and reasonable nature of the agreement's terms and conditions, the absence of any unlawful provisions, and the adherence to the necessary procedural requirements. This decision ensures that the agreement is now in effect and binding on the parties involved.

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