Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1751)

JAWS CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 15 JUNE 2022

Application for approval of the JAWS CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the JAWS CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and JAWS Civil Pty Ltd sought approval of the JAWS Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The CFMEU is a trade union that represents workers in the construction, forestry, maritime, mining and energy industries. JAWS Civil Pty Ltd is a civil construction subcontractor. The dispute involved the terms and conditions of employment for formwork subcontractors employed by JAWS Civil.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for the fair and equitable treatment of employees and whether it complied with minimum entitlements set out in the Act. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for a proper process for resolving workplace disputes.

After considering the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement met the requirements for approval. The Commission noted that the agreement provided for fair and equitable treatment of employees and complied with minimum entitlements, including provisions for reasonable work hours, overtime, and penalties for unlawful termination. The Commission also found that the agreement had been made in good faith and provided for a proper process for resolving workplace disputes. The Commission approved the enterprise agreement, which will now apply to formwork subcontractors employed by JAWS Civil Pty Ltd from 1 July 2020 to 30 June 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established