DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4408)

HOLLOW CORE CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the Hollow Core Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 Hollow Core Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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.

[2] 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.

[3] The Agreement was approved on 7 April 2021 and, in accordance with s 54, will operate from 14 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Hollow Core Concrete Pty Ltd. The dispute centred on the approval of a proposed enterprise agreement between the two parties, specifically the Hollow Core Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The application for approval was heard by the Fair Work Commission, which had jurisdiction to consider such matters under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act, particularly with respect to the coverage of employees, the bargaining process, and the terms and conditions of employment. The Commission needed to determine if the agreement met the necessary standards for approval, including whether it was fairly and properly negotiated and if it provided for the fair and equitable treatment of employees.

The Commission examined the process by which the agreement was negotiated and found it to be robust and fair. It considered the content of the agreement, including its provisions on wages, hours of work, and other conditions. The Commission concluded that the proposed agreement met all statutory requirements and was fair and reasonable. The Commission approved the agreement, finding that it provided for the fair and equitable treatment of employees and was in the best interests of the parties involved.

The Fair Work Commission approved the Hollow Core Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023, confirming that it complied with all relevant statutory requirements. The Commission's decision was based on its determination that the agreement was fairly and properly negotiated and provided for the fair and equitable treatment of employees. This approval ensures that the terms and conditions of employment set out in the agreement are legally binding and enforceable.

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