Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1781)

CXM BUILDING CONSTRUCTIONS PTY LTD AS TRUSTEE FOR STAMBOS FAMILY TRUST T/As CXM BUILDING CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2022

Application for approval of the CXM BUILDING CONSTRUCTIONS PTY LTD AS TRUSTEE FOR STAMBOS FAMILY TRUST T/As CXM BUILDING CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CXM BUILDING CONSTRUCTIONS PTY LTD AS TRUSTEE FOR STAMBOS FAMILY TRUST T/As CXM BUILDING CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 June 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 application before the Fair Work Commission sought approval of the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023, as entered into between the CXM Building Constructions Pty Ltd, acting as trustee for the Stambos Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the specific terms and conditions outlined within the proposed enterprise agreement, which was contested by the applicant. The matter was heard in the Fair Work Commission, which holds jurisdiction over matters relating to industrial relations and enterprise agreements.

The central legal issues before the Commission were whether the terms of the agreement were consistent with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for registration, including whether it provided for a fair and reasonable method of determining the wages and conditions of employment, and if it was free from any unfair provisions. The Commission also had to assess whether the agreement was made in good faith and whether it was properly negotiated.

The Fair Work Commission found that the agreement was consistent with the statutory requirements. The Commission noted that the agreement contained provisions for the determination of wages and conditions that were fair and reasonable, and that it was free from any unfair provisions. Furthermore, the Commission was satisfied that the agreement was made in good faith and that it had been properly negotiated. As such, the Commission approved the agreement for registration.

The final orders of the Commission were that the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023 be registered, and that it be approved as a registered agreement under the Fair Work Act 2009. This decision provides clarity on the enforceability of the agreement and ensures that the rights and obligations of the parties are legally recognised.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established