Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4767)

D.W. DEAN PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 NOVEMBER 2022

Application for approval of the D.W. DEAN PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the D.W. DEAN PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel 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 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the D.W. Dean Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023. The application was brought before Deputy President R.E. Wilson on 26 May 2022. The matter involved a dispute between the union and the employer concerning the terms and conditions of employment for concrete kerb and channel subcontractors within the construction industry.

The primary legal issue before the court was whether the terms of the proposed enterprise agreement complied with the relevant legislative requirements and whether it provided for the fair and equitable treatment of employees. The court was required to consider whether the agreement met the statutory criteria for approval, including whether it provided for minimum rates of pay, hours of work, and other conditions of employment that were no less favourable than the applicable awards or registered agreements.

After reviewing the evidence and submissions from both parties, Deputy President Wilson found that the proposed agreement met the necessary legal requirements. The Deputy President determined that the agreement provided for minimum rates of pay and conditions that were at least equal to the applicable awards and registered agreements. The Deputy President also found that the agreement provided for appropriate dispute resolution mechanisms and other provisions that ensured the fair and equitable treatment of employees. Consequently, the Deputy President approved the D.W. Dean Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023.

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