Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1450)

CIVIL ELEMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 MAY 2022

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

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

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 31 May 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) applied for the approval of the Civil Elements Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The dispute centred around the terms and conditions of employment for workers in the precast panel industry, a subset of the construction industry, involving both the union and the employer. The Commission was tasked with ensuring that the agreement was fair and reasonable for all parties involved, in line with the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the terms and conditions stipulated in the agreement were fair and reasonable, and whether they met the criteria set out in the Fair Work Act. This included examining the process by which the agreement was negotiated and whether it provided for minimum entitlements that were not less favourable than those provided by the relevant award or the national system. The Commission also considered the overall fairness of the agreement in light of the economic and employment context of the precast panel industry.

After careful consideration of the evidence and submissions from both the CFMEU and Civil Elements Pty Ltd, the Commission found that the agreement met the requirements of being fair and reasonable. The Commission noted that the agreement provided for minimum entitlements that were not less favourable than those provided by the relevant award or the national system. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and that it provided for a fair and reasonable balance of rights and obligations for both the union and the employer. Consequently, the Commission approved the agreement.

The Commission's decision concluded with the formal approval of the Civil Elements Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was deemed to be compliant with the Fair Work Act and was approved in its entirety, setting the terms and conditions for the workers in the precast panel industry for the period specified in the agreement.

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