Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1094)

COMM CIV PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 APRIL 2023

Application for approval of the COMM CIV PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the COMM CIV PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 5 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 Fair Work Commission, presided over by Deputy President Dr L J Smith, heard an application for approval of the COMMCIV PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the enterprise in question was involved in the construction, forestry, maritime, mining, and energy industries. The agreement in question was an enterprise agreement between COMMCIV PTY LTD and the CFMEU, covering employees classified as subcontractors riggers and steel erectors. The primary legal issue before the court was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions for the employees involved.

The court examined the provisions of the agreement and the arguments presented by the parties. The CFMEU argued that the agreement was fair and reasonable, while COMMCIV PTY LTD contended that certain provisions were not in line with the requirements of the Fair Work Act. The court considered various factors, including the nature of the work, the bargaining power of the parties, and the terms and conditions provided in the agreement. After careful consideration, the court found that the agreement did indeed meet the requirements of section 230 of the Fair Work Act and approved the agreement. The court found that the agreement provided for fair and reasonable terms and conditions for the employees involved and that it did not contain any provisions that would be detrimental to the employees.

In its decision, the court noted that the agreement provided for a range of benefits, including pay rates, leave entitlements, and conditions of employment. The court also noted that the agreement provided for a dispute resolution process that was fair and reasonable. The court found that the agreement was in line with the principles of the Fair Work Act and that it provided for the fair and reasonable terms and conditions for the employees involved. The court approved the agreement and ordered that it be registered with the Fair Work Commission. This decision provides important guidance for employers and employees in the construction, forestry, maritime, mining, and energy industries, as well as for the broader community.

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