Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1489)

ALPHA REO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS OFFSITE STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 MAY 2023

Application for approval of the ALPHA REO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Offsite Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ALPHA REO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Offsite 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.

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 June 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 for the approval of a proposed enterprise agreement between ALPHA REO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Offsite Steelfixing Enterprise Agreement for the period 2020-2023. The Fair Work Commission was the court that heard the matter. The union, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for the agreement which aimed to regulate the terms and conditions of employment for workers involved in offsite steelfixing under the specified period.

The primary legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically if it was a "better off overall test" (BOOT) agreement. This test required that the employees would be no worse off financially and have at least one additional non-financial benefit. Furthermore, the court had to determine whether the agreement was made in good faith and followed the necessary procedures as prescribed by the Act.

The court found that the agreement satisfied all the statutory requirements under the Fair Work Act. It was determined that the proposed terms were fair and reasonable and met the BOOT criteria. The agreement provided for better wages, conditions, and included various non-financial benefits which improved the employees' working conditions. The court was satisfied that the union had acted in good faith and that the necessary procedural requirements were fulfilled.

The Fair Work Commission approved the proposed enterprise agreement, thereby allowing it to take effect from the specified period. The agreement was registered, and the parties were bound by its terms and conditions. This decision provided clarity and certainty to the employers and employees involved in offsite steelfixing, ensuring their rights and obligations were properly regulated under the new agreement.

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