DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4407)

AMA PRECAST 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, 6 APRIL 2021

Application for approval of the AMA Precast 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 AMA Precast 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.

[2] 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.

[3] 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.

[4] The Agreement was approved on 6 April 2021 and, in accordance with s 54, will operate from 13 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and AMA Precast Pty Ltd, sought approval of the Subcontractors Precast Panel Enterprise Agreement 2020-2023 from the Fair Work Commission (FWC). The agreement was to cover workers employed by AMA Precast Pty Ltd and its subcontractors. The nature of the dispute involved the terms and conditions of employment outlined in the proposed agreement, with the applicants arguing for its approval based on the satisfaction of specific criteria set out in the Fair Work Act 2009. The case was heard by the FWC in Australia.

The primary legal issues the FWC addressed were whether the agreement met the requirements of the Fair Work Act 2009 and if it could be approved as a single-employer enterprise agreement. The key consideration was whether the agreement covered a single employer, as per the definition in section 170(1) of the Act. The applicants argued that the agreement covered a single employer because it was a multi-employer agreement, with AMA Precast Pty Ltd acting as the lead employer for its subcontractors.

The FWC concluded that the agreement could be approved as a single-employer agreement, as it met the criteria under section 231 of the Fair Work Act 2009. The court found that AMA Precast Pty Ltd was the single employer because it had sufficient control over the terms and conditions of employment for its subcontractors. The FWC also found that the agreement satisfied the requirements of the Act, including the "better off overall test" under section 235 of the Fair Work Act 2009. The FWC approved the Subcontractors Precast Panel Enterprise Agreement 2020-2023.

The final orders of the FWC were that the Subcontractors Precast Panel Enterprise Agreement 2020-2023, as lodged with the Commission, be approved as a single-employer enterprise agreement. The approval was effective from the date of the decision and would remain in force until the earlier of the date on which the agreement expires or is terminated under the Fair Work Act 2009. The decision was binding on the parties involved, and the agreement could now be registered and enforced as a valid enterprise agreement.

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