Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1356)

VSL AUSTRALIA PTY LTD T/AS VSL AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL GREENFIELDS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 MAY 2022

Application for approval of the VSL AUSTRALIA PTY LTD T/As VSL AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Greenfields Enterprise Agreement 2020-2023

An application has been made for approval of a greenfields agreement known as the VSL AUSTRALIA PTY LTD T/As VSL AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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 sought approval of the VSL AUSTRALIA PTY LTD T/As VSL AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Greenfields Enterprise Agreement 2020-2023. The application for approval was made by the union, which is the applicant in this matter. The company, VSL AUSTRALIA PTY LTD trading as VSL AUSTRALIA PTY LTD, is the respondent.

The primary legal issue before the Commission was whether the enterprise agreement in question complied with the requirements set out in the Fair Work Act 2009. The Commission had to consider if the agreement met the criteria for being a "simplified agreement" and if it contained terms that were necessary for the protection of employees' interests, particularly in light of the unique circumstances of the precast panel industry.

The Commission examined the specifics of the enterprise agreement, including its provisions on wages, hours of work, and other employment conditions. It considered the evidence provided by both the union and the company, and assessed the agreement against the legislative framework. The Commission found that the agreement adequately addressed the needs of the employees in the precast panel industry and was necessary for their protection, taking into account the particular nature of the work involved. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its suitability for the workforce it covers.

The Fair Work Commission approved the VSL AUSTRALIA PTY LTD T/As VSL AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Greenfields Enterprise Agreement 2020-2023. The decision confirmed the agreement as compliant with the Fair Work Act 2009 and suitable for the employees within the precast panel industry.

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