Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4361)

MELBOURNE CONCRETE RECTIFICATION PTY LTD AS TRUSTEE FOR MELBOURNE CONCRETE RECTIFICATION TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the MELBOURNE CONCRETE RECTIFICATION PTY LTD AS TRUSTEE FOR MELBOURNE CONCRETE RECTIFICATION TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MELBOURNE CONCRETE RECTIFICATION PTY LTD AS TRUSTEE FOR MELBOURNE CONCRETE RECTIFICATION TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 4 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by the Melbourne Concrete Rectification Pty Ltd as trustee for the Melbourne Concrete Rectification Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of their Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. This application was heard in the Fair Work Commission. The dispute centres on the terms and conditions of employment as outlined in the proposed enterprise agreement, including issues such as wages, hours of work, and other employment conditions for workers in the remedial concrete and access flooring industry.

The primary legal issues the court had to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and if it met the criteria for being a "better off overall and in the round" agreement. The court needed to consider whether the terms of the agreement provided a fair and reasonable outcome for both employees and employers, and whether the agreement met the procedural requirements for approval. The court also had to determine if the agreement appropriately balanced the interests of the parties involved.

The Fair Work Commission carefully reviewed the proposed agreement, assessing its compliance with the statutory requirements and the criteria for being a "better off overall and in the round" agreement. The court found that the agreement met all necessary criteria and provided a fair outcome for both parties. The Commission noted the procedural fairness of the agreement, including the consultation process, and determined that the agreement was in line with the statutory provisions and met the required standards. Based on this assessment, the court approved the agreement, confirming that it was fair and met the necessary legal standards.

The final orders of the court were to approve the Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023 as proposed by the Melbourne Concrete Rectification Pty Ltd as trustee for the Melbourne Concrete Rectification Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division).

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