DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5027)

KEEN EDGE CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 MAY 2021

Application for approval of the KEEN EDGE CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the KEEN EDGE CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 25 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Keen Edge Construction Pty Ltd sought approval of a new enterprise agreement for subcontractors in the formwork industry. The agreement, if approved, would apply to Keen Edge Construction's employees working under the Building and Construction Industry (Formwork) Award 2020. The CFMEU and Keen Edge Construction argued that the proposed agreement would enhance the efficiency of their operations and improve the working conditions of the employees. The legal issues before the commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the commission had to consider if the agreement provided a safety net of minimum terms and conditions, and if it allowed for fair and flexible workplace relations.

The commission found that the proposed agreement was compliant with the relevant legislation. It ensured that all employees were covered by minimum terms and conditions and provided for fair and flexible workplace relations. The commission was satisfied that the agreement met the requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The commission noted that the agreement provided for a modern and efficient workplace, with clear terms and conditions that were agreed upon by both parties. The commission approved the proposed agreement, finding that it was in the best interests of the employees and the employer.

The commission's decision highlights the importance of negotiated agreements in promoting efficient and effective workplace relations. The commission found that the proposed agreement was compliant with the relevant legislation and provided for a modern and efficient workplace. The commission's approval of the agreement is a positive outcome for both parties, as it provides for a clear and fair set of terms and conditions that are agreed upon by both parties. The commission's decision also serves as a reminder of the importance of negotiated agreements in promoting good workplace relations and ensuring that employees are covered by minimum terms and conditions.

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