Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1194)

SRG GLOBAL SERVICES (AUSTRALIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2023

Application for approval of the SRG GLOBAL SERVICES (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SRG GLOBAL SERVICES (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 16 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

The applicants in this case, SRG Global Services (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval for their Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the requirements set out in the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the proposed agreement contained the necessary elements to be considered a 'single, integrated and complete' agreement. This includes ensuring that the agreement was fair and reasonable, and that it adhered to the relevant legislative framework. Specifically, the Commission had to assess whether the agreement satisfied the criteria for approval under section 231 of the Fair Work Act, which requires that the agreement be fair and reasonable, and that it does not adversely affect employees or employers.

In delivering its decision, the Commission examined the provisions of the proposed agreement, considering factors such as the parties' bargaining power, the nature of the industry, and the specific terms and conditions outlined in the agreement. The Commission found that the agreement was fair and reasonable, and that it met all the necessary criteria for approval. The Commission noted that both parties had engaged in good faith negotiations and that the agreement reflected a balanced approach to the interests of both employers and employees. Consequently, the Commission approved the agreement, finding that it was consistent with the principles of the Fair Work Act.

As a result of the Commission's decision, the SRG Global Services (Australia) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023 was approved and is now in effect. The agreement will govern the employment terms and conditions for subcontractors in the specified industries for the duration of the agreement, providing a framework for fair and reasonable employment practices.

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