Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/402)

ALL PATCH SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Greenfields Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 March 2023

Application for approval of the ALL PATCH SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the ALL PATCH SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, 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.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval from the Fair Work Commission for the All Patch Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Greenfields Enterprise Agreement 2020-2023. The union argued that the agreement provided fair and reasonable terms for the employees covered by it. The employer, on the other hand, argued that the agreement contained terms that were not reasonably necessary to address a workplace problem or to promote workplace efficiency and productivity, and that the agreement was therefore invalid.

The central legal issue was whether the terms of the enterprise agreement were fair and reasonable and whether they addressed a workplace problem or promoted workplace efficiency and productivity. The court had to determine whether the union had demonstrated that the terms of the agreement were necessary to address a workplace problem or to promote workplace efficiency and productivity, and whether the terms were fair and reasonable in all the circumstances. The court also had to consider whether the agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission found that the union had demonstrated that the terms of the agreement were necessary to address a workplace problem and promote workplace efficiency and productivity. The commission found that the agreement contained terms that were fair and reasonable in all the circumstances and that it complied with the requirements of the Fair Work Act 2009. The commission approved the agreement and directed that it be registered with the Fair Work Ombudsman. The employer's argument that the agreement was invalid was rejected. The union's application for approval of the agreement was therefore successful.

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