Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2222)

STRUCTURAL REINFORCEMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SOLAR &

WIND FARM SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 14 JULY 2023

Application for approval of the STRUCTURAL REINFORCEMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Solar & Wind Farm Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the STRUCTURAL REINFORCEMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Solar & Wind Farm 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 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 21 July 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 the Structural Reinforcements Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Solar & Wind Farm Subcontractors Steelfixing Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the requirements of section 235 of the Act. This included assessing whether the agreement was in the best interests of the employees covered by it, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission had to determine if the agreement had been made in accordance with the relevant provisions of the Act, including whether there had been genuine bargaining between the parties.

In its reasoning, the Commission noted that the agreement had been made following genuine bargaining between the parties, as evidenced by the submissions and documentation provided. The Commission also found that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the industry and the specific circumstances of the employees. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees, as it provided for a number of benefits, including improved pay and conditions, and greater job security. As a result, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Structural Reinforcements Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Solar & Wind Farm Subcontractors Steelfixing Enterprise Agreement 2020-2023, determining that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement will now apply to the employees covered by it, providing them with improved pay and conditions, and greater job security.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established