Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1150)

ROCK IRONS AUST PTY LTD and the CFMEU (Victorian Construction and General Division) SubcontractorsConcrete Sawing and Drilling Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 APRIL 2022

Application for approval of the ROCK IRONS AUST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ROCK IRONS AUST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 3 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 Construction, Forestry, Maritime, Mining and Energy Union, on behalf of the employees, and Rock Irons Aust Pty Ltd, the employer, brought an application for the approval of a new enterprise agreement. The matter was heard in the Fair Work Commission of Australia. The agreement in question, the ROCK IRONS AUST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023, was being sought to replace the existing agreement and to establish terms and conditions for the employees over the next three years. The primary issue for the court was to determine if the proposed agreement met the criteria for approval as set out in the Fair Work Act 2009. This included ensuring the agreement was made in good faith, was free from coercion and undue influence, and complied with the provisions of the Act.

The Fair Work Commission evaluated the application based on the evidence provided by both parties. The union argued that the agreement reflected a fair and reasonable set of terms and conditions, while the employer maintained that the proposed terms were necessary to ensure business viability and productivity. The Commission found that the agreement was made in good faith, was free from any form of coercion, and was not unduly influenced. Furthermore, the agreement was deemed to comply with the statutory requirements of the Fair Work Act, including provisions related to minimum wages, penalties, and other entitlements. The Commission also noted the agreement's provisions for dispute resolution mechanisms, which were considered fair and appropriate.

The Fair Work Commission approved the ROCK IRONS AUST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023, effective from the date of the decision. The court determined that the agreement was in the best interests of the employees and the employer, providing a fair and reasonable set of terms and conditions for the duration of the agreement. The Commission's decision was based on a thorough assessment of the evidence presented and a determination that the agreement met all the necessary criteria for approval under the Fair Work Act.

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