Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1250)

STATEWIDE SAWING AND DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MAY 2023

Application for approval of the STATEWIDE SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the STATEWIDE SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 19 May 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Statewide Sawing and Drilling Pty Ltd sought approval for a proposed enterprise agreement from the Fair Work Commission. The dispute centred around the terms and conditions outlined in the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The Commission was tasked with determining whether the agreement complied with the relevant legislative framework and whether it was in the best interests of the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission also needed to assess whether the agreement provided for minimum terms that were no less favourable than those provided by the applicable award or safety net award.

The Commission found that the proposed agreement was fair and reasonable, and had been made in good faith. The agreement provided for terms and conditions that were no less favourable than those provided by the applicable award. The Commission was satisfied that the agreement would provide for better pay and conditions for employees, and that it was in the best interests of the employees covered by the agreement. The Commission approved the proposed agreement, subject to certain conditions.

The Commission's approval of the agreement provides certainty for both employers and employees in the concrete sawing and drilling industry. The agreement provides for fair and reasonable terms and conditions, and ensures that employees are paid no less favourably than the applicable award or safety net award. The approval of the agreement is a positive outcome for both parties, and will provide stability and certainty in the industry for the next three years.

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