Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5270)

REDBAR TRADING TRUST (THE TRUSTEE FOR) T/As REDBAR EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 DECEMBER 2022

Application for approval of the REDBAR TRADING TRUST (THE TRUSTEE FOR) T/As REDBAR EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the REDBAR TRADING TRUST (THE TRUSTEE FOR) T/As REDBAR EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 5 January 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 application for the approval of the REDBAR TRADING TRUST (THE TRUSTEE FOR) T/As REDBAR EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 was heard in the Fair Work Commission. The dispute involved the terms of a proposed enterprise agreement between the Redbar Trading Trust, trading as Redbar Excavations Pty Ltd, and the CFMEU, concerning subcontractors in earthmoving, excavation, and drainage sectors. The primary issue was whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The court needed to determine if the agreement provided for the minimum terms and conditions as required by the Act, and if it was free from any invalid provisions that would render the agreement unenforceable. The tribunal examined the specifics of the agreement, including wage rates, classification of employees, and other employment terms, to ensure they complied with the Fair Work Act's requirements. The court also considered if the agreement met the criteria for being a "single, complete, and final agreement" as mandated by the Act.

The Fair Work Commission found that the proposed agreement was in compliance with the requirements of the Fair Work Act. The agreement was comprehensive, covering all necessary terms and conditions, and did not contain any invalid provisions. The court approved the agreement, recognising it as a fair and reasonable basis for employment in the specified sectors. This decision ensures that the terms of the agreement are legally binding and enforceable, providing a clear framework for the employment conditions of subcontractors in the earthmoving, excavation, and drainage industries.

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