Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1364)

CCON CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 MAY 2022

Application for approval of the CCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 25 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

The case involved an application for approval of the CCON Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which is the federal workplace relations tribunal of Australia. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees, if it complied with relevant industrial laws, and if the bargaining process was genuine and involved independent representation. The Commission needed to ensure that the agreement did not undermine the right to freedom of association and protected industrial action.

The Commission examined the details of the agreement and the process through which it was negotiated. It found that the agreement provided fair and reasonable terms for the employees and was consistent with the relevant industrial laws. The Commission also determined that the bargaining process was genuine and involved independent representation. Consequently, the Commission approved the agreement, confirming that it met the statutory requirements for industrial agreements under Australian law.

The Fair Work Commission approved the CCON Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. This decision was made on the basis that the agreement provided fair and reasonable terms for the employees, complied with relevant industrial laws, and was the product of a genuine bargaining process with independent representation.

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