Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2785)

CPT STEELFIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 AUGUST 2023

Application for approval of the CPT STEELFIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CPT STEELFIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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.

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.

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.

The Construction, Forestry, Maritime, Mining and Energy Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and CPT Steelfixing Pty Ltd. The dispute was heard in the Fair Work Commission, which is Australia's workplace relations tribunal. The CFMEU sought to have the proposed enterprise agreement approved, which would cover subcontractors in the steelfixing industry for the period from 2020 to 2023. The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and entitlements.

The Fair Work Commission considered whether the agreement provided adequate protections for employees, including provisions for minimum wages, conditions, leave entitlements, and dispute resolution mechanisms. The Commission also evaluated whether the agreement complied with the 'better off overall test', which requires that the terms and conditions of the agreement must be at least as good as the applicable award or the general industrial award. Furthermore, the Commission examined whether the agreement was made in good faith and whether it adhered to the principles of the national workplace relations system.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate wage rates and leave entitlements. The Commission was satisfied that the agreement was made in good faith and that it complied with the better off overall test. As a result, the Commission approved the CPT Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. This approval means that the agreement will now be legally binding on the parties and will apply to the relevant employees and employers.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established