DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5349)

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
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 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] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application 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) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 June 2021 and, in accordance with s 54, will operate from 11 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Trustee For The Anglo Italian Concrete Unit Trust trading as Anglo Italian Concrete, sought approval of the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The application was made under section 234 of the Fair Work Act 2009 (Cth). The Fair Work Commission heard the matter and had to determine whether the agreement should be approved.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to ascertain if the agreement was in the public interest, promoted systemic registered bargaining, and did not adversely affect registered organisations. The Commission also needed to consider if the agreement met the standards set by the Fair Work (Registered Organisations) Act 2009 (Cth) and if it was consistent with the objects of the Fair Work Act.

The Commission approved the agreement, finding that it met the legislative requirements. The Commission was satisfied that the agreement would not have an adverse effect on registered organisations, promoted systemic registered bargaining, and was in the public interest. The Commission also found that the agreement was consistent with the objects of the Fair Work Act and did not contravene any other relevant legislation.

The Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2020-2023, and the agreement is now registered with the Fair Work Commission. The approval is effective from the date of the Commission's decision and will remain in force until the end of the agreement's term.

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