Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1626)

E&T STEELFIXING SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 JUNE 2022

Application for approval of the E&T STEELFIXING SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the E&T STEELFIXING SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 14 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 applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of an enterprise agreement between E&T Steelfixing Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "better off overall test" agreement, as well as whether it adhered to the procedural requirements set out in the Act.

The Commission examined the agreement's provisions, considering factors such as the overall benefit to employees, the balance of rights and obligations, and whether the agreement was free from any improper influences or coercion. The Commission also assessed whether the necessary consultation processes were followed and if the agreement was appropriately certified. Ultimately, the Commission found that the agreement satisfied the requirements of the Act, including the better off overall test, and was certified as meeting the necessary procedural standards.

Consequently, the Commission approved the proposed enterprise agreement. The agreement was deemed to be a lawful and fair arrangement between the parties, providing a balanced set of rights and obligations for the employees covered by the agreement. The decision affirmed the Commission's role in ensuring that enterprise agreements comply with the legislative framework designed to protect the interests of both employers and employees.

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