Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1928)

ROCK SOLID CIVIL CONTRACTORS PTY LTD (ABN: 64 624 349 748) AND WOMEN IN CONSTRUCTION PTY LTD (ABN 32 633 406 523) and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 27 JUNE 2022

Application for approval of the ROCK SOLID CIVIL CONTRACTORS PTY LTD (ABN: 64 624 349 748) AND WOMEN IN CONSTRUCTION PTY LTD (ABN 32 633 406 523) and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ROCK SOLID CIVIL CONTRACTORS PTY LTD (ABN: 64 624 349 748) AND WOMEN IN CONSTRUCTION PTY LTD (ABN 32 633 406 523) and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 4 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission heard an application for the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023 between the respondents, Rock Solid Civil Contractors Pty Ltd and Women in Construction Pty Ltd, and the applicant, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the enterprise agreement, which sets out the terms and conditions of employment for subcontractors in the civil and infrastructure construction industry.

The legal issues the Commission was required to decide included whether the agreement was in the best interests of the employees covered by the agreement and whether the agreement complied with the Fair Work Act 2009. The Commission also had to consider whether the agreement was certified by the appropriate independent certifier and whether the agreement had been negotiated fairly.

The Commission found that the agreement was in the best interests of the employees covered by the agreement and that it complied with the Fair Work Act. The Commission also found that the agreement had been certified by the appropriate independent certifier and that it had been negotiated fairly. The Commission approved the agreement, subject to certain conditions, including that the agreement be registered with the Fair Work Commission.

In summary, the Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023, subject to certain conditions. The Commission found that the agreement was in the best interests of the employees covered by the agreement and that it complied with the Fair Work Act. The Commission also found that the agreement had been certified by the appropriate independent certifier and that it had been negotiated fairly.

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