Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2208)

BASE PILING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 13 JULY 2023

Application for approval of the BASE PILING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BASE PILING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 20 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

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the BASE PILING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, a federal workplace relations tribunal in Australia. The dispute centred around the terms and conditions of employment set out in the proposed enterprise agreement between the two parties.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was free from any unlawful content. Additionally, the Commission assessed whether the agreement had been made in good faith and whether it was likely to achieve the intended outcomes of promoting productivity, economic efficiency, and industrial peace.

The Commission found that the proposed agreement satisfied all the necessary criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions, and it did not contain any unlawful content. Furthermore, the Commission was satisfied that the agreement had been made in good faith and was likely to achieve the intended outcomes. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the BASE PILING GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023 was approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement would govern the employment terms and conditions of the employees covered by the agreement for the period of 2020 to 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established