Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3589)

MFP ENTERPRISES (VIC) PTY LTD T/AS TIAMA CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the MFP ENTERPRISES (VIC) PTY LTD T/As TIAMA CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MFP ENTERPRISES (VIC) PTY LTD T/As TIAMA CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 15 September 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 for the approval of a subcontractor formwork enterprise agreement between MFP Enterprises (Vic) Pty Ltd trading as Tiama Constructions and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, specifically the Full Bench, which is responsible for resolving disputes under the Fair Work Act 2009. The crux of the matter was whether the proposed enterprise agreement, which outlines the terms and conditions of employment for formwork subcontractors employed by Tiama Constructions, complies with the relevant legislative requirements and meets the necessary standards for approval.

The key legal issues addressed by the Commission centred on whether the agreement provided adequate protections for employees and whether it was consistent with the broader objectives of the Fair Work Act. This involved scrutinising the provisions of the agreement to ensure that they did not undermine the rights and entitlements of employees and that they aligned with the principles of the Act, such as the provision of fair and reasonable terms of employment. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the parties and whether it provided for the resolution of disputes in a fair and efficient manner.

In reaching its decision, the Commission examined the detailed provisions of the agreement and considered the submissions from both parties. It was noted that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable for the employees involved. The Commission was satisfied that the agreement had been genuinely negotiated and that it provided for effective mechanisms for resolving disputes. Consequently, the Full Bench found that the agreement met the necessary criteria for approval and ordered that the application be approved, thereby formalising the agreement between the parties.

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