Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4227)

H&L GROUP AUSTRALASIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2022

Application for approval of the H&L GROUP AUSTRALASIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the H&L GROUP AUSTRALASIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 26 October 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 involved an application for the approval of an enterprise agreement between H&L Group Australasia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The Fair Work Commission heard the matter. The primary legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement were fair and reasonable, in accordance with the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the "better off overall test," ensuring that employees would not be worse off financially compared to their previous conditions.

The Fair Work Commission evaluated the application by examining the contents of the proposed agreement, including wages, working conditions, and other employment terms. The Commission considered submissions from both parties, as well as evidence from relevant industry data and expert opinions. The Commission noted that the agreement provided for wage increases that aligned with industry benchmarks and included provisions for improved working conditions and employee benefits. After thorough analysis, the Commission concluded that the proposed agreement met the statutory requirements, providing a fair and reasonable outcome for the employees.

In light of the findings, the Fair Work Commission approved the application, thereby endorsing the H&L Group Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The approval took effect from the date specified in the agreement, ensuring that the terms and conditions would govern the employment of the relevant employees during the agreed period. The decision underscored the importance of achieving a balanced agreement that benefits both employers and employees, in line with the principles of 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