Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2204)

HEAVY WEIGHT PUMPS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the HEAVY WEIGHT PUMPS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the HEAVY WEIGHT PUMPS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Heavy Weight Pumps Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009, including compliance with the better off overall test (BOOT). The FWC needed to determine if the agreement provided employees with a safety net of minimum wages and conditions, offered a reasonable level of job security, and was not detrimental to the employees' overall welfare.

The FWC considered the various provisions of the agreement, including wage rates, hours of work, leave entitlements, and other employment conditions. The tribunal evaluated the agreement against the criteria established by the Fair Work Act, focusing on whether the agreement was likely to ensure that employees were no worse off and had the potential to be better off overall. In its analysis, the FWC took into account submissions from both parties and relevant industry benchmarks. Ultimately, the FWC found that the agreement provided a fair and reasonable framework for employment conditions and met the requirements of the BOOT test.

Following its analysis, the FWC approved the Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The approval was contingent on the agreement being registered with the Fair Work Commission Registry. The decision confirmed that the agreement would provide a safety net for employees while also allowing for flexibility and efficiency in the workplace. The FWC's decision was based on a detailed examination of the agreement's provisions and their alignment with the statutory requirements for enterprise agreements under Australian labour law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established