Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1047)

LVL WORKFORCE 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 APRIL 2023

Application for approval of the LVL WORKFORCE 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 LVL WORKFORCE 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 3 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 was an application for approval of the LVL Workforce Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The dispute involved the terms and conditions of employment for concrete placement workers employed by subcontractors in the construction industry in Victoria. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal criteria for approval.

The legal issues that the Commission had to address included whether the agreement contained the minimum terms and conditions required by the Fair Work Act 2009, whether it was made in good faith, and whether it complied with the relevant provisions of the Act. Additionally, the Commission needed to consider whether the agreement was likely to achieve improved productivity, the sustainability of the enterprise, and the simplification and clarification of workplace arrangements.

The Commission found that the agreement contained all the minimum terms and conditions required by the Fair Work Act 2009, and that it was made in good faith. The agreement was also deemed to comply with the Act and was likely to achieve improved productivity, the sustainability of the enterprise, and the simplification and clarification of workplace arrangements. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for concrete placement workers employed by subcontractors in the construction industry in Victoria.

The Commission's decision was based on a thorough analysis of the agreement and the evidence presented by the parties. The Commission found that the agreement was fair and reasonable and met all the legal criteria for approval. The Commission also noted that the agreement provided for improved terms and conditions for concrete placement workers, which was an important outcome for the parties involved. The Commission's decision provides clarity and certainty for employers and employees in the construction industry in Victoria and sets a positive example for future enterprise agreements in the sector.

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