Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4749)

Concrete Coring & Cutting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 NOVEMBER 2022

Application for approval of the CONCRETE CORING & CUTTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CONCRETE CORING & CUTTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 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 2 December 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Concrete Coring & Cutting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023. The application was brought under the Fair Work Act 2009, and the Fair Work Commission was tasked with determining whether the agreement met the requirements for registration. The central issue before the Commission was whether the agreement provided for a fair and effective means of resolving disputes between the parties, as mandated by the Act. The Commission had to assess whether the dispute resolution provisions in the agreement were clear, accessible, and reasonably efficient.

In reaching its decision, the Fair Work Commission considered the nature of the industry, the roles of the parties, and the specific provisions of the agreement. The Commission noted that the agreement provided for a multi-step dispute resolution process, starting with internal company procedures and progressing to mediation and, if necessary, conciliation by the Fair Work Commission. The Commission found that the agreement was comprehensive and provided a clear pathway for resolving disputes. It also highlighted that the process was designed to be fair and accessible to both parties, taking into account the unique dynamics of the construction industry. Given these factors, the Commission was satisfied that the agreement provided for an effective means of resolving disputes.

The Fair Work Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act. The Commission concluded that the agreement provided a fair and effective means of resolving disputes, as it outlined a clear, accessible, and reasonably efficient process. The Commission's decision was based on the specific terms of the agreement, the nature of the industry, and the roles of the parties involved. The Commission noted that the agreement was well-suited to the context in which it would be applied, providing a practical and equitable means of resolving disputes that could arise under the agreement. The final orders of the Commission were that the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established