Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3273)

SUPER CITY CONCRETE CUTTING (AUSTRALIA) PTY. LTD. and the CFMEU (Victorian Construction and GeneralDivision) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 AUGUST 2022

Application for approval of the SUPER CITY CONCRETE CUTTING (AUSTRALIA) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SUPER CITY CONCRETE CUTTING (AUSTRALIA) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 23 August 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 between Super City Concrete Cutting (Australia) Pty. Ltd. and the CFMEU (Victorian Construction and General Division). The agreement was submitted for approval as a modern award. The employer contested the application, arguing that the agreement was not suitable for approval as a modern award.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval as a modern award. This included considerations such as whether the agreement was fairly negotiated, provided for appropriate terms and conditions, and did not disadvantage employees. The Commission also needed to consider the employer's objections and determine whether any provisions of the agreement were contrary to public policy or contrary to the principles of the Fair Work Act.

The Commission found that the agreement was fairly negotiated and contained appropriate terms and conditions for the employees covered by the agreement. The Commission rejected the employer's objections, finding that the provisions of the agreement were not contrary to public policy or the principles of the Fair Work Act. The Commission was satisfied that the agreement met the statutory criteria for approval as a modern award.

Accordingly, the Commission approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 as a modern award. The agreement will now apply to the employees covered by it, and will be registered on the Register of Approved Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established