DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4154)

CAMBAR PRECAST (VIC) 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, 22 MARCH 2021

Application for approval of the Cambar Precast (Vic) 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 Cambar Precast (Vic) 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 22 March 2021 and, in accordance with s 54, will operate from 29 March 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of various employees in the precast panel industry, sought approval of the Cambar Precast (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The union argued that the agreement met the requirements of the Fair Work Act 2009, including the provisions related to enterprise agreements and the promotion of higher wages and better working conditions. The application was opposed by Cambar Precast (Vic) Pty Ltd, which contended that the proposed agreement contained provisions that were not in line with the legislative framework governing enterprise agreements.

The central legal issues the Commission had to address were whether the agreement complied with the statutory criteria outlined in the Fair Work Act 2009, particularly with respect to the process through which the agreement was made, the provisions within the agreement itself, and whether the agreement promoted higher wages and better working conditions. Additionally, the Commission had to consider the arguments presented by Cambar Precast (Vic) Pty Ltd regarding the alleged non-compliance of certain provisions with the statutory requirements.

In delivering its decision, the Commission thoroughly examined the process by which the agreement was made, ensuring that it adhered to the procedural fairness and genuine bargaining requirements stipulated in the Fair Work Act 2009. The Commission also assessed the substantive provisions of the agreement to determine if they met the criteria for promoting higher wages and better working conditions. After careful consideration, the Commission found that the agreement was compliant with the statutory requirements and did indeed promote higher wages and better working conditions. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Cambar Precast (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023, confirming its compliance with the statutory framework and its positive impact on wages and working conditions. The decision was grounded in the comprehensive analysis of the agreement's procedural and substantive aspects, reflecting the Commission's commitment to ensuring fair and equitable outcomes in the workplace.

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