Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1639)

A.C.N. 657 822 556 PTY LTD T/As REVOLUTION REINFORCING and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Greenfields Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 8 JUNE 2022

Application for approval of the A.C.N. 657 822 556 PTY LTD T/As REVOLUTION REINFORCING and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the A.C.N. 657 822 556 PTY LTD T/As REVOLUTION REINFORCING and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 15 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for approval of a registered agreement under the Fair Work Act 2009. The applicant was the Construction, Forestry, Maritime, Mining and Energy Union, represented by the CFMEU (Victorian Construction and General Division), and the respondent was A.C.N. 657 822 556 PTY LTD trading as Revolution Reinforcing. The agreement in question was the Subcontractors Steelfixing Greenfields Enterprise Agreement 2020-2023, and the application was heard in the Fair Work Commission.

The central legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was "in the interests of a national system of industrial relations" as defined in the Act. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about specific provisions.

In reaching its decision, the court examined the content and implications of the agreement. It considered the nature of the industry, the bargaining power of the parties, and the provisions of the agreement. The court found that the agreement was fair and reasonable and met the statutory criteria for approval. The court highlighted the importance of the agreement in promoting industrial harmony and ensuring fair terms for employees within the specified industry.

The final orders of the court approved the Subcontractors Steelfixing Greenfields Enterprise Agreement 2020-2023 as a registered agreement under the Fair Work Act. The agreement was deemed to be in the interests of a national system of industrial relations. The court's decision ensured that the agreement would provide a fair and reasonable framework for the employment conditions of 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