Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1417)

BECK CONSTRUCTION GROUP PTY LTD AS TRUSTEE FOR BECK CONSTRUCTION GROUP NO 1 TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 MAY 2022

Application for approval of the BECK CONSTRUCTION GROUP PTY LTD AS TRUSTEE FOR BECK CONSTRUCTION GROUP NO 1 TRUST and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BECK CONSTRUCTION GROUP PTY LTD AS TRUSTEE FOR BECK CONSTRUCTION GROUP NO 1 TRUST and the CFMEU (Victorian Construction and General Division) 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 30 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 case of the Construction, Forestry, Maritime, Mining and Energy Union, the parties involved were the BECK CONSTRUCTION GROUP PTY LTD AS TRUSTEE FOR BECK CONSTRUCTION GROUP NO 1 TRUST and the CFMEU (Victorian Construction and General Division). The dispute centred around the approval of the Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia. The Union sought approval for the agreement, which outlined the terms and conditions of employment for workers within the specified industries.

The legal issues that the court had to decide included whether the agreement met the necessary criteria under the Fair Work Act 2009, such as if it was free from any improper influence or coercion. The court also had to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum wages, hours of work, and other employment-related matters. Additionally, the court had to consider if the agreement complied with any relevant provisions of the Act, such as the requirement for genuine bargaining between the employer and employees.

The Fair Work Commission determined that the Enterprise Agreement 2020-2023 met the necessary criteria and was therefore approved. The court found that the agreement was free from any improper influence or coercion and provided for fair and reasonable terms and conditions for employees. The Commission also concluded that the agreement complied with the relevant provisions of the Fair Work Act 2009. As a result, the application for approval of the Enterprise Agreement 2020-2023 was successful.

The final orders of the Fair Work Commission included the approval of the Enterprise Agreement 2020-2023 between the BECK CONSTRUCTION GROUP PTY LTD AS TRUSTEE FOR BECK CONSTRUCTION GROUP NO 1 TRUST and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be compliant with the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for employees within the specified industries. The court's decision was based on the evidence presented and the conclusion that the agreement met the necessary criteria for approval.

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