Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3426)

AVOPILING MANAGEMENT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2022

Application for approval of the AVOPILING MANAGEMENT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the AVOPILING MANAGEMENT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 2 September 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Subcontractors Piling Enterprise Agreement 2020-2023 between Avipiling Management (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the terms and conditions of the agreement, specifically the minimum pay rates and other employment conditions for subcontractors within the piling industry in Victoria. The application was heard by the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. This required determining whether the agreement provided for fair and reasonable terms and conditions for the employees it covered, and whether it complied with the provisions of the Act. The Commission had to consider the fairness of the proposed pay rates, the impact of the agreement on the employment conditions, and whether it provided adequate protections for the employees involved.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the proposed pay rates were fair and reasonable, taking into account the nature of the work and the industry standards. The Commission also found that the agreement provided adequate protections for the employees and that it did not disadvantage any group of employees. In reaching its decision, the Commission considered the evidence provided by both parties, including expert evidence on industry standards and the impact of the proposed agreement on the employees. The Commission concluded that the agreement was fair and reasonable, and therefore approved the application for the Subcontractors Piling Enterprise Agreement 2020-2023.

The Commission ordered that the Subcontractors Piling Enterprise Agreement 2020-2023 be approved and registered, effective from the date of the decision. The agreement was to apply to all employees covered by it, and the parties were required to comply with its terms. The decision was made under the authority of the Fair Work Act 2009, and the parties were bound by the terms of the approved agreement. The Commission's decision provided certainty for both employers and employees in the piling industry in Victoria, and ensured that the agreement provided fair and reasonable terms and conditions for the employees it covered.

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