DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4356)

FRESHMORE (VIC) PTY LTD T/AS ADVANCED PRECAST (AUST) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 APRIL 2021

Application for approval of the FRESHMORE (VIC) PTY LTD T/As ADVANCED PRECAST (AUST) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the FRESHMORE (VIC) PTY LTD T/As ADVANCED PRECAST (AUST) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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] Clause 21 of the agreement provides that “the Employer shall be, and remain during the life of this Agreement, a participating employer in the Construction and Building Unions Superannuation Scheme (Cbus).”  Further, that “no Employee shall commence employment unless he/she is a registered member in Cbus”. Clause 21 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[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 14 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of the FRESHMORE (VIC) PTY LTD T/As ADVANCED PRECAST (AUST) and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The dispute was heard in the Fair Work Commission. The central issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees covered by it and if it complied with the statutory provisions governing enterprise agreements.

The court examined the provisions of the proposed agreement, including wages, hours of work, and other conditions of employment. It also considered submissions from the parties involved, including any evidence of the agreement's benefits or detriments to the employees. The court found that the proposed agreement met the criteria for approval as it provided for fair and reasonable terms and conditions of employment, and it was in the best interests of the employees. The court also noted that the agreement complied with the statutory provisions governing enterprise agreements and did not contravene any relevant legislation.

Based on its findings, the court approved the proposed enterprise agreement. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and it was in the best interests of the employees. The court also found that the agreement complied with the statutory provisions governing enterprise agreements and did not contravene any relevant legislation. The court's decision was based on a careful consideration of the evidence and submissions presented by the parties. The final orders of the court were that the proposed enterprise agreement be approved, and it be registered with the Fair Work Commission.

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