Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/464)

BOYD PT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2023

Application for approval of the BOYD PT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BOYD PT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning 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 17 March 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

In the matter of an application for approval of the BOYD PT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023, the Fair Work Commission heard submissions from both parties. The nature of the dispute centred on whether the proposed agreement met the necessary legal standards for enterprise agreements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the statutory requirements, including provisions for fair terms and conditions of employment.

The legal issues the Commission needed to address included whether the agreement provided for a genuine enterprise bargaining process, if the terms and conditions were fair and reasonable, and if the agreement satisfied all mandatory provisions of the Fair Work Act. The Commission also examined if the agreement appropriately dealt with issues such as wages, conditions, and dispute resolution mechanisms. Furthermore, the Commission evaluated the fairness of specific clauses regarding shift patterns, overtime, and the classification of employees.

In its decision, the Fair Work Commission found that the agreement was fundamentally compliant with the statutory requirements of the Fair Work Act. The Commission concluded that the bargaining process was genuine, the terms and conditions were fair and reasonable, and the agreement covered all mandatory provisions. The Commission highlighted that the agreement provided adequate protections for employees and addressed the concerns raised by both parties. The Commission approved the agreement, recognising its balance between the needs of employers and employees. The Commission's approval of the agreement was based on its thorough assessment of the fairness and reasonableness of the proposed terms and conditions.

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