Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/279)

BUILT ENVIRONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 FEBRUARY 2023

Application for approval of the BUILT ENVIRONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BUILT ENVIRONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Builder 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, 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 28 February 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 case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the BUILT ENVIRONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The applicant argued that the agreement should be approved as it met the statutory requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an industrial relations tribunal with the power to approve, reject or amend enterprise agreements.

The primary legal issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act 2009 for enterprise agreements to be approved. Specifically, the Commission needed to determine if the agreement was in the public interest, and if it promoted high levels of productivity and efficiency. The Commission also considered if the agreement was genuinely negotiated between the employer and the union representative, and whether it provided fair and reasonable terms and conditions for employees.

The Commission found that the agreement was genuinely negotiated, and it met the statutory requirements for approval. It was concluded that the agreement provided fair and reasonable terms and conditions for employees and promoted high levels of productivity and efficiency. The Commission determined that the agreement was in the public interest, as it facilitated a stable industrial relations environment and provided for fair and equitable treatment of employees. The agreement was approved, and the matter was resolved in favour of the applicant.

The Fair Work Commission approved the BUILT ENVIRONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act 2009, and it was in the public interest. The agreement was approved, and the applicant's application was 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