Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4211)

INDIGENOUS LINKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 OCTOBER 2022

Application for approval of the INDIGENOUS LINKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the INDIGENOUS LINKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure 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 25 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 matter before the court was an application by the Indigenous Links Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to seek approval of the Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, the primary tribunal for employment and industrial relations matters in Australia. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it met the requirements of the Fair Work Act, and whether the proper processes for the agreement's negotiation and approval had been followed. Additionally, the Commission needed to determine if the agreement complied with the provisions of the Fair Work (Registered Organisations) Act, which governs the activities of registered organisations such as the CFMEU.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, as it offered protections and benefits to employees that were consistent with the objectives of the Fair Work Act. The Commission also found that the proper processes for negotiation and approval had been followed, and that the agreement complied with the requirements of the Fair Work (Registered Organisations) Act. Consequently, the Commission approved the Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023, finding that it was fair and reasonable and met the legislative requirements.

In summary, the Fair Work Commission approved the proposed agreement between Indigenous Links Pty Ltd and the CFMEU, finding that it provided for fair and reasonable terms and conditions and met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission's decision was based on its determination that the agreement offered protections and benefits to employees that were consistent with the objectives of the Fair Work Act, and that the proper processes for negotiation and approval had been followed.

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