DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5044)

SRG GLOBAL BUILDING (SOUTHERN) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS POST-TENSIONING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MAY 2021

Application for approval of the SRG GLOBAL BUILDING (SOUTHERN) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the SRG GLOBAL BUILDING (SOUTHERN) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning 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 26 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SRG Global Building (Southern) Pty Ltd appeared before the Fair Work Commission, seeking approval of their Subcontractors Post-Tensioning Enterprise Agreement 2020-2023. The dispute arose from the need to formalise the terms of employment for subcontractors within the post-tensioning sector under the agreement. The Fair Work Commission was tasked with assessing whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, including the need for genuine bargaining, provisions for minimum entitlements, and the avoidance of prejudicing employees' rights. The Commission had to determine if the agreement contained provisions that were fair and reasonable in all its aspects, particularly in relation to minimum wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the Commission examined whether the agreement provided for a transparent and accessible dispute resolution process.

The Commission found that the agreement was the product of genuine bargaining between the parties, evidenced by the comprehensive negotiation process and the inclusion of key stakeholders. The agreement contained provisions that met or exceeded the minimum entitlements prescribed by the Fair Work Act, including appropriate wage rates, penalty rates, and leave entitlements. The Commission also noted that the agreement provided for a fair and accessible dispute resolution process, ensuring that subcontractors had adequate recourse in the event of disputes. Based on these findings, the Commission approved the agreement, recognising its fairness and reasonableness in all its aspects.

The Commission's final order was the approval of the Subcontractors Post-Tensioning Enterprise Agreement 2020-2023, effective from the date of the decision. This approval ensured that the agreement would govern the employment terms and conditions for subcontractors within the specified sector, providing a stable and fair framework for both employers and employees.

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