Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2350)

D-TECH CONCRETE SCANNING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MARKING AND SETTING OUT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2023

Application for approval of the D-Tech Concrete Scanning Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the D-Tech Concrete Scanning Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out 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 2 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and D-Tech Concrete Scanning Pty Ltd (D-Tech) applied for approval of a Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023 (the Agreement). The Agreement was intended to provide for the terms and conditions of employment for subcontractors engaged by D-Tech. The CFMEU claimed the Agreement would provide a minimum standard of wages and conditions for the subcontractors. D-Tech argued that the Agreement would benefit its business and its subcontractors by providing certainty and stability in the industry.

The Commission was required to determine whether the Agreement provided for a fair and reasonable term, within the meaning of section 233 of the Fair Work Act 2009. The Commission noted that the Agreement was made in accordance with the requirements of the Act and that it had been negotiated in good faith by the parties. The Commission also noted that the Agreement provided for a minimum standard of wages and conditions for the subcontractors, and that it would provide certainty and stability in the industry. The Commission was satisfied that the Agreement was fair and reasonable.

The Commission approved the Agreement. The Agreement provides for a minimum standard of wages and conditions for the subcontractors, and it provides certainty and stability in the industry. The Commission was satisfied that the Agreement was fair and reasonable, and that it provided for a fair and reasonable term within the meaning of section 233 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established