Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1431)

BECKCON LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2023

Application for approval of the BECKCON LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BECKCON LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 2 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 applicants, BECKCON LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023, applied to the Fair Work Commission for approval of the proposed enterprise agreement. The dispute concerned the terms and conditions of employment for concrete placement workers within the construction industry. The matter was heard by the Fair Work Commission, a body responsible for the resolution of workplace disputes in Australia.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to be in writing, to provide for the genuine resolution of workplace issues, and to ensure that employees are not worse off. Additionally, the Commission considered whether the agreement met the standards set by the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

In determining the application, the Fair Work Commission found that the proposed agreement complied with all relevant legislative requirements. The Commission confirmed that the agreement was in writing and contained provisions for the genuine resolution of workplace issues, including provisions for the determination of wages, hours of work, and other employment conditions. Furthermore, the Commission was satisfied that the agreement did not result in employees being worse off, as the proposed terms and conditions were considered fair and reasonable. Consequently, the Commission approved the application for the proposed enterprise agreement.

As a result of the decision, the BECKCON LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023 has been approved and will now apply to the relevant employees. This decision will provide certainty and stability in the workplace for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established