Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2003)

RVA STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2023

Application for approval of the RVA STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the RVA STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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.

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 7 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 the matter of an application for the approval of the RVA Structures Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with reviewing the terms and conditions of the proposed enterprise agreement. The application was brought forth to ascertain whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the necessary standards for approval.

The central legal issues that the Commission had to address involved ensuring the agreement did not disadvantage employees, adhered to the procedural requirements for enterprise agreements, and was genuinely negotiated. This included assessing whether the agreement provided fair and reasonable terms and conditions for the employees covered by it, and whether the union and the employer had genuinely negotiated the terms without any undue influence or coercion.

The Fair Work Commission examined the submissions from both parties and considered the fairness and reasonableness of the proposed agreement's terms. It found that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely negotiated. The Commission concluded that the agreement met the necessary standards for approval and was not contrary to the public interest. Consequently, the application for approval of the enterprise agreement was approved, allowing the terms to come into effect as stipulated.

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