Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/274)

SAS LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the SAS LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SAS LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 27 February 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

The case involves an application for approval of the SAS Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The parties sought approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Act.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement were procedurally and substantively fair. This involved examining if the agreement was made in accordance with the requirements of the Act, and if it met the "better off overall test" (BOOT), ensuring that no party was worse off overall by the agreement than they would have been without it.

The Commission found that the agreement was procedurally fair, as it was made following the necessary consultation processes. Regarding the substantive fairness, the Commission concluded that the agreement met the BOOT. The analysis included a detailed assessment of wage rates, conditions, and other terms, which showed that the overall benefits of the agreement outweighed any detriments.

The Fair Work Commission approved the Enterprise Agreement, citing its compliance with the Act's procedural and substantive fairness requirements. The decision highlighted the balance achieved between the interests of the employees and the employer, ensuring that the agreement provided a fair and reasonable outcome for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established