DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/347)

THE TRUSTEE FOR CRYPT CONSTRUCTIONS TRUST T/AS CRYPT CIVIL CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 MARCH 2021

Application for approval of THE TRUSTEE FOR CRYPT CONSTRUCTIONS TRUST T/As CRYPT CIVIL CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as THE TRUSTEE FOR CRYPT CONSTRUCTIONS TRUST T/As CRYPT CIVIL CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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 8 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the applicant, the trustee for Crypt Constructions Trust trading as Crypt Civil Constructions, sought approval for the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023, which was proposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requisite standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement adequately addressed the provisions of section 230 of the Fair Work Act, which mandates that an enterprise agreement must ensure fair and reasonable terms and conditions for employees. This required the Commission to examine the provisions of the agreement to ensure they aligned with the Act's objectives, including assessing whether the agreement provided for fair remuneration, reasonable working hours, and appropriate conditions for the employees it covered.

The Commission found that the proposed agreement contained provisions that were fair and reasonable, aligning with the requirements of the Fair Work Act. The agreement was deemed to provide for appropriate terms and conditions that met the statutory requirements, ensuring fair remuneration, reasonable working hours, and suitable conditions for the employees involved. Consequently, the Commission approved the agreement, finding that it complied with the necessary legal standards.

As a result of the Commission's decision, the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 was approved and registered under the Fair Work Act. This decision allows the agreement to be enforced as a legally binding instrument governing the employment conditions of the employees covered by the 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