Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/121)

CALIBRE CONCRETE GROUP PTY LTD AS TRUSTEE FOR CALIBRE TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 FEBRUARY 2023

Application for approval of the CALIBRE CONCRETE GROUP PTY LTD AS TRUSTEE FOR CALIBRE TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CALIBRE CONCRETE GROUP PTY LTD AS TRUSTEE FOR CALIBRE TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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, 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 9 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Calibre Concrete Group Pty Ltd as trustee for the Calibre Trust were involved in a dispute regarding the approval of a Subcontractors Concrete Placement Enterprise Agreement. The agreement covered the period from 2020 to 2023. The crux of the matter lay in whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, particularly in terms of the process through which it was negotiated and the fairness of its provisions.

The primary legal issues before the Commission were whether the agreement had been fairly negotiated and if it contained provisions that were in breach of any statutory requirements. This included examining the process by which the agreement was formed, the engagement of the parties, and whether the agreement addressed the needs of both employers and employees fairly. Additionally, the Commission needed to assess whether the agreement adhered to the requirements for substantive fairness and if it contained any unfair terms.

The Commission, after reviewing the submissions and evidence from both parties, concluded that the agreement had been fairly negotiated and contained provisions that were substantively fair. The process involved was deemed to be transparent and inclusive, involving proper representation and participation from both sides. The Commission also found that the agreement did not include any unfair terms and thus met the statutory requirements for approval. Consequently, the Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

The final orders of the Commission approved the agreement, confirming its compliance with the relevant legislative provisions and ensuring its implementation as a legally binding enterprise agreement. This decision validated the terms negotiated between the CFMEU and the Calibre Concrete Group, allowing the agreement to take effect and govern the working conditions within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established