DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/206)

ADCON RESOURCES VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the ADCON RESOURCES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ADCON RESOURCES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to have the Subcontractors Formwork Enterprise Agreement 2020-2023 between ADCON RESOURCES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) approved. This application was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was a "single, clear, and complete" document that adequately covered all terms and conditions of employment and whether it had been genuinely agreed upon by both parties. Another key issue was whether the agreement provided adequate protections for employees and if it complied with any relevant minimum standards set out in the Fair Work Act.

The Fair Work Commission examined the agreement in detail, considering the bargaining positions of the parties, the nature of the agreement, and whether it contained all necessary terms and conditions. The court found that the agreement was comprehensive, clearly written, and genuinely agreed upon by both parties. It also determined that the agreement provided adequate protections for employees and complied with all relevant minimum standards. Consequently, the court approved the enterprise agreement, recognising its benefits to both employers and employees.

In approving the enterprise agreement, the Fair Work Commission highlighted the importance of fair and transparent bargaining processes, as well as the need for adequate protections for employees. The court's decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements for approval and that they genuinely reflect the intentions and needs of both parties involved.

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