Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2058)

PRECAST PREMIUM PANELS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 JULY 2022

Application for approval of the PRECAST PREMIUM PANELS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PRECAST PREMIUM PANELS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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.

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 11 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

The matter before the Fair Work Commission involved an application for the approval of the Precast Premium Panels Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The dispute centred around the terms and conditions of employment for precast panel subcontractors, with the union and the employer seeking to formalise their agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval, including whether it provided for a safety net of minimum wages and conditions and whether it was in the best interests of the employees.

The legal issues before the Commission included assessing whether the agreement provided fair and reasonable terms for the employees, and whether it complied with the statutory requirements for enterprise agreements. Specifically, the Commission examined whether the agreement met the standard terms and conditions set out in the Fair Work Act, and whether it contained provisions that were contrary to the public interest. The Commission also considered submissions from both parties, as well as the impact of the agreement on the employees, employers, and the broader industry.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It determined that the agreement provided for a safety net of minimum wages and conditions, and that it was in the best interests of the employees. The Commission acknowledged the submissions from both the union and the employer and found that the agreement did not contain any provisions that were contrary to the public interest. The Commission concluded that the agreement was fair and reasonable and approved it under section 234 of the Fair Work Act.

The Commission made an order approving the Precast Premium Panels Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The agreement is now legally binding on the parties and their employees, providing a framework for the terms and conditions of employment in the precast panel industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established