DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3949)

CAELLI CONSTRUCTIONS (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, 30 DECEMBER 2020

Application for approval of the CAELLI CONSTRUCTIONS (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 CAELLI CONSTRUCTIONS (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] 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.

[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 6 January 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

The matter before the court involved an application for the approval of an enterprise agreement between Caelli Constructions (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically concerning the Subcontractors Formwork Enterprise Agreement 2020-2023. The application was brought to the Fair Work Commission (FWC), an industrial relations tribunal with jurisdiction over such matters.

The legal issues central to this case were whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009, including whether it complied with the provisions concerning the terms and conditions of employment, the process by which the agreement was made, and whether it was free from any unlawful content. The FWC had to examine if the agreement was made in good faith and if it was certified as a Simple or Simplified Agreement by a relevant certifier.

In determining the validity of the agreement, the FWC considered the evidence presented by both parties, including the process by which the agreement was negotiated and certified. The FWC assessed whether the terms of the agreement complied with the Act, and whether the process of certification was properly conducted. Ultimately, the FWC found that the agreement met all statutory requirements, was made in good faith, and was appropriately certified. The FWC approved the enterprise agreement, highlighting the importance of such agreements in maintaining fair and productive industrial relations.

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