Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/330)

KJ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 FEBRUARY 2023

Application for approval of the KJ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the KJ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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.

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 6 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

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and KJ Jackhammering Pty Ltd for the approval of the Subcontractors Demolition Enterprise Agreement 2020-2023. The agreement sought to establish terms and conditions of employment for demolition subcontractors under the Fair Work Act 2009. The union and the company argued that the proposed agreement was fair and reasonable, while opponents contended that it contained provisions that were not in the best interests of the workers.

The legal issues before the Commission included whether the agreement was appropriately negotiated, whether it contained appropriate mechanisms for dispute resolution, and whether the agreement provided a fair and reasonable standard of employment for the workers. The Commission also had to consider whether the agreement complied with relevant provisions of the Fair Work Act, including those concerning minimum entitlements and unfair dismissal protections.

In determining the application, the Commission examined the evidence presented by both the proponents and opponents of the agreement. The Commission noted that the agreement had been negotiated in good faith and contained appropriate dispute resolution mechanisms. The Commission also found that the proposed terms and conditions of employment were fair and reasonable, taking into account the needs of the industry and the interests of the workers. The Commission concluded that the agreement was appropriately negotiated, provided for adequate dispute resolution mechanisms, and offered a fair and reasonable standard of employment for the workers. Accordingly, the Commission approved the Subcontractors Demolition Enterprise Agreement 2020-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established