DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/132)

UN1TED CONCRETE SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 FEBRUARY 2021

Application for approval of the UN1TED CONCRETE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the UN1TED CONCRETE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 15 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 case involved an application for the approval of the UN1TED CONCRETE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission. The primary dispute centred on the terms of the enterprise agreement, specifically whether the conditions set forth were fair and reasonable in accordance with the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the statutory requirements for approval, including assessing if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural fairness principles. Additionally, the court needed to ensure that the agreement was not contrary to public policy and that it adhered to the standards set out in the Fair Work Act.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, examined the contents of the agreement, and evaluated whether the agreement provided for fair and reasonable terms. The Commission found that the agreement contained terms that were fair and reasonable and did not contravene the public policy. It also determined that the agreement complied with all statutory requirements and procedural fairness principles. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the UN1TED CONCRETE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

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