Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5213)

CMR STRUCTURE VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 DECEMBER 2022

Application for approval of the CMR STRUCTURE VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CMR STRUCTURE VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 29 December 2022. 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 court involved an application for the approval of a proposed enterprise agreement between CMR Structure Victoria Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The proposed agreement, titled the Subcontractors Formwork Enterprise Agreement 2020-2023, was subject to scrutiny under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the requirements for approval under the relevant industrial legislation.

The primary legal issue the court had to address was whether the proposed agreement complied with the Fair Work Act 2009, specifically whether it adhered to the provisions concerning the terms and conditions of employment, and if it could be approved as a new agreement under the Act. The court also needed to consider if the agreement was made in good faith and whether it provided for a safety net of minimum terms and conditions, as mandated by the legislation.

In reaching its decision, the court meticulously reviewed the proposed agreement against the statutory criteria set out in the Fair Work Act. The court found that the agreement complied with the requirements for approval. It was made in good faith, provided for a safety net of minimum terms and conditions, and did not include any terms that would be contrary to public policy. The court was satisfied that the agreement would operate fairly and equitably for all parties involved and was consistent with the principles of the Act.

The court approved the Subcontractors Formwork Enterprise Agreement 2020-2023, thereby enabling the agreement to come into effect as per the terms outlined. This decision ensures that the terms and conditions of employment for the employees of CMR Structure Victoria Pty Ltd are governed by the agreed-upon provisions, subject to the protections and obligations set out in the Fair Work Act.

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