DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/300)

REDWOOD CONSTRUCTION SERVICES 6 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 FEBRUARY 2021

Application for approval of the REDWOOD CONSTRUCTION SERVICES 6 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 REDWOOD CONSTRUCTION SERVICES 6 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] 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 2 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a proposed enterprise agreement between Redwood Construction Services 6 Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023. The primary dispute centred around the terms and conditions outlined in the proposed agreement, which aimed to govern the employment and operational practices of tower crane riggers within the specified industry sectors.

The legal issues before the commission included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" (BOOT). This test requires that the proposed agreement should provide employees with a level of remuneration and conditions that are at least as good as those provided under applicable awards or agreements. Additionally, the commission needed to determine whether the agreement contained any unfair provisions that might contravene the Fair Work Act.

In delivering its decision, the commission considered the submissions from both parties, as well as the evidence presented regarding the financial implications and operational needs of the proposed agreement. The commission found that the proposed agreement provided for a fair and reasonable outcome for the employees, meeting the BOOT. It was determined that the agreement did not contain any unfair provisions and was consistent with the broader objectives of the Fair Work Act. As a result, the commission approved the proposed enterprise agreement, thereby allowing it to come into effect as intended.

The final orders included the approval of the Redwood Construction Services 6 Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023, with the agreement to be registered and enforceable under the Fair Work Act. The commission's decision highlighted the importance of balancing the needs of employers and employees while ensuring compliance with the statutory requirements for enterprise agreements.

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