Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/890)

MAMMOET AUSTRALIA PTY LTD T/AS MAMMOET AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPMT SUBCONTRACTOR GREENFIELDS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 12 APRIL 2023

Application for approval of the MAMMOET AUSTRALIA PTY LTD T/As MAMMOET AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) SPMT Subcontractor Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the MAMMOET AUSTRALIA PTY LTD T/As MAMMOET AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) SPMT Subcontractor Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 April 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 applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for a sub-contractor enterprise agreement between MAMMOET AUSTRALIA PTY LTD, trading as MAMMOET AUSTRALIA PTY LTD, and the CFMEU (Victorian Construction and General Division) SPMT Subcontractor. The respondent, MAMMOET AUSTRALIA PTY LTD, opposed the application. The dispute was heard by the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed sub-contractor agreement met the requirements of the Fair Work Act 2009, specifically sections 230 and 231, which govern the approval of enterprise agreements. The FWC had to determine if the agreement was made in good faith, contained appropriate terms and conditions, and if it was fair and reasonable for the employees involved.

The FWC examined the evidence provided by both parties, including submissions and documentation. The union argued that the agreement was made in good faith and included terms that were fair and reasonable for the employees. The employer contested the fairness of certain provisions, particularly those related to pay rates and conditions. After considering the submissions and the evidence, the FWC concluded that the agreement had been made in good faith and that the terms were fair and reasonable. The FWC found that the agreement provided adequate protections for the employees and did not disadvantage them in any way.

As a result, the FWC approved the MAMMOET AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) SPMT Subcontractor Greenfields Enterprise Agreement 2020-2023. The approval took effect from the date of the decision, and the agreement was registered accordingly. The FWC's decision was based on a thorough analysis of the evidence and a consideration of the relevant statutory provisions. The outcome ensures that the agreement is compliant with the Fair Work Act and that the employees involved are adequately protected.

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