DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5136)

S J HIGGINS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 MAY 2021

Application for approval of the S J Higgins and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the S J Higgins and the CFMEU (Victorian Construction and General Division) 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the S J Higgins company and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought to have the agreement approved, which would then apply to its members working within the S J Higgins company. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission required consideration of whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included verifying that the agreement had been made in good faith, that it provided for a fair and efficient workplace, and that it did not contravene any minimum standards prescribed by the Fair Work Regulations. Additionally, the Commission needed to ensure that the agreement had been properly negotiated and that it provided for the appropriate processes to resolve future disputes.

The Fair Work Commission, after considering the submissions and evidence from both parties, determined that the enterprise agreement met the statutory requirements for approval. The Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. It also confirmed that the agreement complied with all minimum standards and that it had been properly negotiated. The Commission further noted that the agreement contained appropriate dispute resolution processes. Based on these findings, the Commission approved the enterprise agreement, which will now apply to the relevant employees.

The Fair Work Commission's decision concludes with the formal approval of the enterprise agreement. This approval ensures that the terms and conditions of employment as outlined in the agreement will govern the relationship between the S J Higgins company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement will now be in effect for the period specified, from 2020 to 2023, and will provide a framework for fair and efficient workplace practices.

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