Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3071)

LUCACON PLACEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2022

Application for approval of the LUCACON PLACEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the LUCACON PLACEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 10 August 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 case involved an application by LUCACON PLACEMENT PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to the Fair Work Commission for approval of their Enterprise Agreement. The agreement, titled Subcontractors Concrete Placement Enterprise Agreement 2020-2023, was contested by a third party on the grounds that it did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The central legal issue before the Commission was whether the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to assess if the agreement met the criteria of being in the best interests of the employees and whether it adhered to the provisions outlined in the Fair Work Act. Furthermore, the Commission needed to consider if the agreement provided fair and reasonable terms for employees and if it was made in good faith.

The Commission examined the evidence and arguments presented by all parties, including the provisions of the Fair Work Act, the terms of the agreement, and the impact on the employees. After careful consideration, the Commission determined that the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 did meet the statutory requirements. The Commission found that the agreement was in the best interests of the employees, provided fair and reasonable terms, and was made in good faith. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2020-2023, finding that it complied with the requirements of the Fair Work Act. The Commission's decision was based on the evidence and arguments presented, as well as the terms and impact of the agreement on the employees. The approval of the agreement ensures that it will be in effect from the specified dates, providing a framework for the employment relationship between LUCACON PLACEMENT PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division).

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