DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4447)

PRO FIX REINFORCEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 APRIL 2021

Application for approval of the Pro Fix Reinforcement Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Pro Fix Reinforcement Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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. The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[2] The Agreement was approved on 8 April 2021 and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Pro Fix Reinforcement Pty Ltd. The dispute was brought before the Fair Work Commission, with the CFMEU seeking approval for a proposed enterprise agreement. The agreement in question was the Pro Fix Reinforcement Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The primary focus of the case was to determine whether the agreement met the necessary standards and criteria for approval under the Fair Work Act 2009.

The central legal issues the court had to address were whether the proposed agreement complied with the provisions of the Fair Work Act, particularly sections 234 and 235. These sections require that any enterprise agreement be fair and contain certain minimum terms and conditions. The court had to consider whether the agreement provided for appropriate terms and conditions for employees, whether it allowed for adequate flexibility and fairness in the workplace, and whether it met the requirements of good faith bargaining as outlined in the Act. Additionally, the court examined whether the agreement adequately protected the rights and interests of both employers and employees.

The court, in its reasoning, carefully reviewed the terms of the proposed agreement. It found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, hours of work, and leave entitlements. The court also noted that the agreement included mechanisms for flexibility and good faith bargaining, which were essential for maintaining a healthy industrial relationship. Furthermore, the court determined that the agreement was consistent with the principles of the Fair Work Act and did not disadvantage any party unduly. Based on these findings, the court approved the Pro Fix Reinforcement Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023.

In conclusion, the court granted approval for the enterprise agreement, finding that it met all the necessary criteria under the Fair Work Act. The agreement was deemed fair and appropriate for the employees, and it included provisions that ensured good faith bargaining and flexibility in the workplace. This decision provides clarity and sets a precedent for future enterprise agreements in the specified industry.

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