DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4404)

THE TRUSTEE FOR BRANCATISANO DISCRETIONARY TRUST TAS CONCRETE PRECAST INSTALLATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 APRIL 2021

Application for approval of THE TRUSTEE FOR BRANCATISANO DISCRETIONARY TRUST Tas CONCRETE PRECAST INSTALLATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the TRUSTEE FOR BRANCATISANO DISCRETIONARY TRUST Tas CONCRETE PRECAST INSTALLATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 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 matter involved an application for the approval of a proposed enterprise agreement between Tas Concrete Precast Installation Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The dispute was brought before the Fair Work Commission. The core legal issues before the Commission were whether the proposed agreement complied with the relevant legislative provisions and whether it was made in good faith and without coercion. The Commission had to consider if the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for minimum rates of pay and conditions, and if the agreement was genuinely negotiated between the parties.

In assessing the application, the Commission evaluated the evidence presented and the terms of the proposed agreement. It found that the agreement did indeed provide for minimum rates of pay and conditions, and it was satisfied that the agreement was genuinely negotiated and not made under duress. The Commission also noted that the agreement addressed the specific needs of the industry and the parties involved. As a result, the Fair Work Commission approved the proposed agreement, finding it to be in compliance with the statutory requirements and made in good faith.

Following the approval of the proposed enterprise agreement, the Commission made an order approving the Tas Concrete Precast Installation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The order confirmed the agreement as a legally binding instrument between the parties and mandated its registration with the Fair Work Commission. This decision provided certainty for the parties involved and ensured that the agreement would govern their industrial relations for the specified period.

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