Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1268)

STILLITANO CONCRETE PTY LTD AS TRUSTEE FOR STILLITANO CONCRETE UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2022

Application for approval of the STILLITANO CONCRETE PTY LTD AS TRUSTEE FOR STILLITANO CONCRETE UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the STILLITANO CONCRETE PTY LTD AS TRUSTEE FOR STILLITANO CONCRETE UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 17 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 applicants in this case were the Stillitano Concrete Pty Ltd as trustee for the Stillitano Concrete Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). They sought approval of a proposed enterprise agreement from the Fair Work Commission. The agreement pertained to subcontractors engaged in concrete placement work. The Commission was the forum for this dispute.

The legal issues before the Commission included whether the proposed agreement complied with the relevant legislative provisions, particularly regarding the scope of the agreement, the classification of the workforce, and the terms and conditions of employment. Additionally, the Commission had to determine if the agreement met the requirement of being in the best interests of the employees and if it was fair and reasonable.

The Fair Work Commission carefully reviewed the proposed agreement and considered the submissions from both parties. The Commission found that the agreement was in compliance with the Fair Work Act and met the necessary criteria for approval. It was deemed to be in the best interests of the employees, and the terms and conditions were considered fair and reasonable. The Commission approved the agreement, allowing it to come into effect as per the stipulated dates.

The Fair Work Commission approved the proposed enterprise agreement between the Stillitano Concrete Pty Ltd as trustee for the Stillitano Concrete Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

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