Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1004)

ROCK SOLID CIVIL GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2022

Application for approval of the ROCK SOLID CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ROCK SOLID CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure 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 26 April 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the ROCK SOLID CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Enterprise Agreement 2020-2023. The agreement was made under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The application was made on behalf of the union by its authorised bargaining agent and on behalf of the employer by its authorised representative. The application was made on 29 July 2020.

The legal issues before the Commission were whether the agreement met the requirements of section 233 of the Fair Work Act and whether it should be approved. The Commission considered whether the agreement was in the public interest and whether it would provide for fair and efficient workplace relations. The Commission also considered whether the agreement would provide for fair and efficient dispute resolution and whether it would provide for appropriate protections for employees.

The Commission found that the agreement met the requirements of section 233 of the Fair Work Act and that it should be approved. The Commission found that the agreement would provide for fair and efficient workplace relations and that it would provide for fair and efficient dispute resolution. The Commission also found that the agreement would provide for appropriate protections for employees and that it was in the public interest. The Commission noted that the agreement provided for a range of protections for employees, including protections in relation to redundancy, termination, and the transfer of businesses. The Commission also noted that the agreement provided for a range of dispute resolution mechanisms, including mechanisms for the resolution of individual disputes and mechanisms for the resolution of collective disputes.

The Commission approved the agreement. The agreement will be registered by the Commission and will be in force from the date of registration. The agreement will apply to employees who are employed by ROCK SOLID CIVIL GROUP PTY LTD and who are members of the CFMEU (Victorian Construction and General Division). The agreement will apply to those employees for the period from 1 April 2020 to 31 March 2023, unless it is earlier terminated in accordance with the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established