Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1138)

STRAIGHTLINE CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 APRIL 2022

Application for approval of the STRAIGHTLINE CIVIL PTY LTD 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 STRAIGHTLINE CIVIL PTY LTD 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 3 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 between Straightline Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Fair Work Commission before they can be registered. The agreement in question was made between an employer and a union representing workers in the concrete placement industry, covering the period from 2020 to 2023. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act.

The Commission considered various aspects of the agreement to determine if it complied with the legal standards for approval. This included assessing whether the agreement was genuinely negotiated between the parties, whether it contained terms that were fair and reasonable, and if it adhered to the procedural requirements set out in the legislation. The Commission examined the evidence provided by both the employer and the union regarding the negotiation process, the content of the agreement, and the compliance with the procedural steps. The Commission also took into account the implications of the agreement for the workers it covered, as well as the broader industry context.

After reviewing the evidence and arguments presented, the Fair Work Commission concluded that the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 was compliant with the requirements of the Fair Work Act. The Commission found that the agreement was genuinely negotiated, contained fair and reasonable terms, and was in accordance with the procedural requirements. The Commission approved the agreement, finding that it met the necessary criteria for registration. This decision allows the agreement to be formally registered, providing legal certainty and protection for the workers and employers covered by its terms.

The final orders of the Commission included the approval of the Subcontractors Concrete Placement Enterprise Agreement 2020-2023, which now enables it to be registered with the Fair Work Commission. The agreement will provide the basis for the terms and conditions of employment for the workers in the concrete placement industry covered by the agreement, offering a legally binding framework for the relationship between the employer and the union. This decision underscores the importance of ensuring that enterprise agreements are fairly negotiated and comply with the relevant legal standards to protect the interests of both employers and employees.

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