DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5134)

KONFORM CIVIL CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 MAY 2021

Application for approval of the KONFORM CIVIL CONSTRUCTIONS 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 KONFORM CIVIL CONSTRUCTIONS 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 1 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 applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the KONFORM CIVIL CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The agreement was to be made under the Fair Work Act 2009. The respondents, KONFORM CIVIL CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division), were parties to the agreement. The court was asked to determine whether the agreement met the requirements of the Act, specifically focusing on whether the agreement was in the interests of the employees covered by it.

The primary legal issues for the court to decide were whether the agreement was made in good faith, whether it was a genuine enterprise agreement, and whether it was fair and reasonable. The court had to consider whether the agreement met the criteria set out in section 231 of the Fair Work Act, including whether it was in the interests of the employees and whether it provided for the resolution of issues that were appropriate for an enterprise agreement. The court also had to consider whether the agreement provided for adequate dispute resolution mechanisms and whether it was consistent with the objectives of the Act.

The court found that the agreement met the requirements of the Fair Work Act. It was made in good faith, was a genuine enterprise agreement, and was fair and reasonable. The court considered that the agreement provided for the resolution of issues that were appropriate for an enterprise agreement and provided for adequate dispute resolution mechanisms. The court also found that the agreement was consistent with the objectives of the Fair Work Act. The court approved the agreement, finding that it met the requirements of the Act and was in the interests of the employees covered by it.

The court ordered that the agreement be approved and registered under the Fair Work Act. The agreement will now be in force for the period specified in the agreement, which is from 1 July 2020 to 30 June 2023. The court's decision provides certainty for the parties and the employees covered by the agreement.

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