DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4348)

REDS GLOBAL (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 APRIL 2021

Application for approval of the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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 14 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 applicant, REDS GLOBAL (VIC) PTY LTD, sought approval for a proposed enterprise agreement with the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the proposed agreement was in the public interest, and whether it complied with the relevant provisions of the Act, including those relating to the agreement's coverage, bargaining, and its effect on employees.

The Commission found that the proposed agreement met the statutory requirements for approval. It was satisfied that the agreement had been made in the public interest, and that it complied with the relevant provisions of the Act. The Commission noted that the agreement had been the product of good faith bargaining between the parties, and that it contained provisions that were fair and reasonable in all the circumstances. The Commission also found that the agreement did not have any adverse effects on employees, and that it provided for appropriate mechanisms for resolving disputes between the parties. The Commission approved the proposed agreement, and it is now a legally binding enterprise agreement.

The Commission's decision provides guidance to employers and unions on the requirements for approving enterprise agreements under the Fair Work Act. It confirms that good faith bargaining, fairness, and reasonableness are key considerations in determining whether an agreement should be approved. The decision also highlights the importance of ensuring that enterprise agreements do not have any adverse effects on employees, and that they provide for appropriate dispute resolution mechanisms. The Commission's approval of the proposed agreement is a positive outcome for both parties, and it provides a framework for the regulation of employment relations in the construction industry in Victoria.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established