DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5315)

THE TRUSTEE FOR THE ANGLO ITALIAN CONCRETE UNIT TRUST T/AS ANGLO ITALIAN CONCRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of The Trustee For The Anglo Italian Concrete Unit Trust T/As Anglo Italian Concrete 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 Trustee For The Anglo Italian Concrete Unit Trust T/As Anglo Italian Concrete 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 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 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a Subcontractors Concrete Placement Enterprise Agreement between The Trustee for the Anglo Italian Concrete Unit Trust trading as Anglo Italian Concrete and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The applicant sought to have the agreement registered with the Fair Work Commission, recognising it as a registered agreement for the purposes of the Fair Work Act 2009. The dispute centred around the procedural fairness and the compliance of the agreement with the requirements of the Act.

The legal issues before the Commission were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, including the procedural fairness requirements, and whether the agreement met the criteria for being a genuine enterprise agreement. Specifically, the Commission had to determine if the bargaining process was fair and if the agreement was made without coercion or other improper conduct. Additionally, the Commission assessed whether the agreement contained the minimum terms and conditions as prescribed by the Act.

In delivering its decision, the Commission found that the agreement was made in compliance with the procedural fairness requirements and was a genuine enterprise agreement. The Commission considered evidence of the bargaining process, which demonstrated that it was conducted in a fair manner, with both parties having an opportunity to be heard and to negotiate. The agreement was found to contain all the minimum terms and conditions prescribed by the Act and did not contain any terms that were contrary to public policy. Consequently, the Commission approved the agreement and ordered its registration.

The final orders of the Commission included the approval and registration of the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 between The Trustee for the Anglo Italian Concrete Unit Trust and the CFMEU (Victorian Construction and General Division). The agreement was to be registered by the Fair Work Commission as a registered agreement for the purposes of 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