DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5312)

REDWOOD CONSTRUCTION SERVICES 6 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2021

Application for approval of the REDWOOD CONSTRUCTION SERVICES 6 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the REDWOOD CONSTRUCTION SERVICES 6 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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 14 June 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the REDWOOD CONSTRUCTION SERVICES 6 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023. The agreement was proposed to cover employees of Redwood Construction Services, a small to medium-sized construction company, and was intended to address the terms and conditions of employment for those working on mast climbing access equipment. The Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement fulfilled the criteria for approval as stipulated by the Fair Work Act. This involved examining whether the agreement was a genuine enterprise agreement, was free from any prohibited content, and met the 'better off overall test'. The Commission needed to ensure that the agreement was genuinely negotiated between the parties, that it did not contain any provisions that were contrary to public policy or protected industrial action, and that it provided employees with terms and conditions that were at least as good as the relevant awards or any existing agreements.

After reviewing the evidence and submissions presented by the parties, the Commission found that the agreement was genuinely negotiated and contained no prohibited content. It also determined that the agreement met the 'better off overall test' as it provided employees with terms and conditions that were not less favourable than those provided by the relevant awards. The Commission considered the agreement to be fair and reasonable, taking into account the specific circumstances of the enterprise and the bargaining positions of the parties. Consequently, the Commission approved the proposed agreement, which will now apply to the employees of Redwood Construction Services for the period of 2020 to 2023.

The final orders of the Commission were that the REDWOOD CONSTRUCTION SERVICES 6 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023 be approved as a certified agreement under the Fair Work Act. The agreement came into effect from the date of the Commission's decision and will remain in force until 30 June 2023, or until it is replaced by a new agreement or terminated in accordance with the Fair Work Act.

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