Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1605)

COMM CIV PTY LTD T/As COMM CIV REINFORCEMENT and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 JUNE 2022

Application for approval of the COMM CIV PTY LTD T/As COMM CIV REINFORCEMENT 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 COMM CIV PTY LTD T/As COMM CIV REINFORCEMENT 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 13 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 case involves an application by the Commonwealth Civil Pty Ltd trading as Commonwealth Civil Reinforcement, seeking approval of a subcontractor enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission. The legal issues before the court included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including the coverage of the agreement, the process by which it was negotiated, and whether the agreement was in the best interests of the employees covered by it.

The Commission found that the agreement was appropriately negotiated and covered the intended employees. The process adhered to the provisions of the Fair Work Act, with all required notifications and opportunities for employee input provided. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other working conditions. The Commission concluded that the agreement was in the best interests of the employees, providing them with protections and benefits that were fair and reasonable. The application for approval of the agreement was therefore approved.

The Commission made an order approving the enterprise agreement, which will now be registered with the Fair Work Commission and will have legal effect from the date of registration. The parties are bound by the terms of the agreement, and it will govern the employment conditions of the employees covered by it for the duration of the agreement. The decision provides clarity on the process for approving enterprise agreements and the factors that the Commission will consider in determining whether an agreement is in the best interests of the employees covered by it.

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