Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1283)

BETTER BUILT MASONARY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 MAY 2023

Application for approval of the BETTER BUILT MASONARY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BETTER BUILT MASONARY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 23 May 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 matter before the Fair Work Commission involved an application by Better Built Masonry Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to approve a proposed enterprise agreement. The dispute centred on the terms and conditions of employment for bricklaying subcontractors under the proposed agreement for the period 2020-2023. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that arose for determination involved assessing whether the proposed agreement provided for fair and reasonable terms and conditions of employment. The court had to consider whether the agreement was procedurally sound, meaning that it was negotiated in good faith, and substantively sound, ensuring it did not undermine the minimum standards set out in the Fair Work Act. Furthermore, the court examined whether the agreement had sufficient support from the employees, with the requirement that at least 40% of the employees in the bargaining unit support the agreement.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to be procedurally sound, as it was negotiated in good faith by the parties involved. The court also concluded that the agreement was substantively sound, providing fair and reasonable terms and conditions for the employees while not undermining the minimum standards. Additionally, the agreement had garnered the necessary support from the employees, with more than 40% in favour of the proposed terms. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Fair Work Commission were that the BETTER BUILT MASONARY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2020-2023 was approved and would be registered with the Fair Work Commission. This decision ensured that the terms and conditions of employment for bricklaying subcontractors under the agreement would be legally binding for the specified period.

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