Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2199)

PALACE FLOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the PALACE FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PALACE FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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

The matter involved an application for the approval of an enterprise agreement between PALACE FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. The case was heard by the Fair Work Commission, with the Commissioner, Dr. John Constable, presiding. The primary concern was whether the enterprise agreement met the requirements under the Fair Work Act 2009 for it to be approved.

The central legal issue revolved around whether the enterprise agreement was genuinely bargained, and if it met the criteria for approval under section 232 of the Fair Work Act. This included assessing whether the agreement contained only matters that are bargainable and whether it was fairly and genuinely negotiated between the parties. Additionally, the court had to determine if the agreement provided for a fair and efficient workplace.

Dr. Constable examined the evidence and submissions from both parties, including the process of negotiation and the contents of the agreement. The Commissioner found that the agreement was genuinely negotiated and contained only genuine bargainable matters. The terms of the agreement were considered fair and efficient, and it was concluded that it met the statutory criteria for approval. The Commissioner approved the enterprise agreement, highlighting the importance of fair and genuine bargaining processes in the construction industry.

The Fair Work Commission approved the PALACE FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. This decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and meet the legislative requirements for approval.

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