Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2578)

SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 AUGUST 2023

Application for approval of the SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SRG INDUSTRIES PTY LTD T/AS SUPREME PRECAST and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 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 matter before the Fair Work Commission involved an application for the approval of the SRG Industries Pty Ltd T/As Supreme Precast and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The application was made by the union, seeking endorsement of the terms and conditions outlined in the agreement. The Commission was tasked with assessing the fairness and suitability of the agreement according to the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement were fair and reasonable. This involved examining various aspects of the agreement, including wage rates, working hours, leave provisions, and other employment conditions. The Commission needed to determine if the agreement complied with the fairness test established under section 233 of the Fair Work Act, which requires that an agreement be fair and reasonable in all its terms.

The Fair Work Commission found the proposed agreement to be fair and reasonable in all its terms. The Commission acknowledged the contributions and negotiations of both parties, highlighting the balance achieved in the agreement. It was noted that the agreement provided for appropriate wage increases and maintained reasonable working conditions, ensuring that it met the statutory requirements for fairness. The Commission concluded that the agreement was suitable for approval and did not contain any terms that would be unfair to the employees or the employer.

In light of the findings, the Fair Work Commission approved the SRG Industries Pty Ltd T/As Supreme Precast and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The agreement was set to take effect from the date of the Commission’s approval, providing a framework for the employment conditions of the covered employees for the specified period.

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