Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4843)

RVA STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 December 2022

Application for approval of the RVA STRUCTURES 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 RVA STRUCTURES 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 8 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 matter involved an application for the approval of an enterprise agreement between RVA Structures Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The union and the employer sought to have the agreement approved as a registered agreement, which would provide the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue for the FWC to determine was whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the FWC needed to assess if the agreement met the criteria for registration, including whether it was made in good faith and provided for a fair and efficient workplace. Additionally, the FWC had to ensure that the agreement covered the necessary matters and did not include any unlawful content. The FWC also needed to consider the views and submissions of the parties and any relevant stakeholders, as well as the broader implications of approving the agreement for the industry and the workforce.

After considering the submissions and evidence presented by both parties, the FWC determined that the agreement met the criteria for registration under the Fair Work Act. The FWC found that the agreement was made in good faith and provided for a fair and efficient workplace. The agreement covered the necessary matters, including wages, hours of work, and other terms and conditions of employment. The FWC also found that the agreement did not include any unlawful content and was in the best interests of the employees covered by the agreement. Based on these findings, the FWC approved the agreement as a registered agreement, effective from 1 July 2020 to 30 June 2023.

The FWC's decision to approve the enterprise agreement provides certainty and stability for the employees covered by the agreement, as well as for the employer and the broader industry. The agreement sets out the terms and conditions of employment for the employees, including their wages, hours of work, and other entitlements. The approval of the agreement also provides a framework for future bargaining between the parties and helps to promote a fair and efficient workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established