Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2288)

PEARL CONCRETE & CIVIL 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, 15 JULY 2022

Application for approval of the PEARL CONCRETE & CIVIL 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 PEARL CONCRETE & CIVIL 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 22 July 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 matter of an application for the approval of the PEARL CONCRETE & CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with determining whether the agreement met the necessary legal requirements for approval. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and PEARL CONCRETE & CIVIL PTY LTD. The agreement in question was an enterprise agreement intended to regulate the terms and conditions of employment for concrete placement subcontractors in the construction industry. The union and the employer sought the Commission's approval to ensure the agreement's enforceability.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained the requisite minimum terms, and whether it complied with the Fair Work Act 2009. The Commission examined the negotiation process, the content of the agreement, and its conformity with the statutory framework. Additionally, the Commission needed to determine if the agreement met the standard criteria for approval, such as its alignment with the public interest and fairness to all parties involved.

In reaching its decision, the Commission meticulously reviewed the evidence provided by the parties regarding the negotiation process, which demonstrated a good faith effort to reach a resolution. The Commission found that the agreement contained all the required minimum terms and was fair and reasonable in its provisions. The agreement was deemed to be in the public interest and compliant with the statutory requirements. Consequently, the Commission approved the agreement, recognising its benefits to both employers and employees by providing a clear and agreed-upon framework for the terms and conditions of employment in the industry.

The final orders of the Commission were that the PEARL CONCRETE & CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023 be approved, effective from the date of the decision. This approval ensures that the agreement can be enforced and provides a stable basis for the relationship between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established