Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4195)

ANCHORED.CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 17 OCTOBER 2022

Application for approval of the ANCHORED.CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ANCHORED.CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 24 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a proposed enterprise agreement with Anchored.co Pty Ltd, covering steelfixers employed by subcontractors of Anchored.co. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which the CFMEU sought to have approved and registered under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it met the "better off overall test" (BOOT) as per the Fair Work (Registered Organisations) Act 2009. The Commission also needed to consider whether the agreement appropriately balanced the interests of the employees and employers, and if it allowed for genuine bargaining between the parties.

The Commission found that the agreement met the statutory requirements and passed the better off overall test. The agreement was deemed to provide a fair and reasonable outcome for the employees, including provisions that addressed their pay, conditions, and entitlements. The Commission was satisfied that the agreement was the product of genuine bargaining and that it appropriately balanced the interests of both parties. Consequently, the Commission approved the application for registration of the agreement.

The final orders made by the Commission were that the ANCHORED.CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009. The agreement was registered on the date of the decision, providing a legally binding framework for the employment of steelfixers under the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established