Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/949)

GRC FLOORING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 APRIL 2022

Application for approval of the GRC FLOORING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the GRC FLOORING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 18 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 (CFMEU) applied for approval of the GRC Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. The application involved a dispute between the CFMEU and GRC Flooring Pty Ltd regarding the terms and conditions of employment for subcontractors working in the concrete and access flooring industry. The case was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and making decisions related to enterprise agreements.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "better off overall test" (BOOT) agreement, which means that the employees covered by the agreement would be better off overall compared to the applicable award or existing enterprise agreement. Additionally, the Commission had to assess whether the agreement was made in good faith and followed the necessary procedures.

In reaching its decision, the Commission considered the evidence presented by both parties and examined the provisions of the proposed enterprise agreement. The Commission found that the agreement met the BOOT criteria, as it provided for improved wages and conditions for the affected employees. Furthermore, the Commission was satisfied that the agreement was made in good faith and followed the necessary procedures. Consequently, the Commission approved the proposed enterprise agreement, which will now apply to the relevant employees.

The Fair Work Commission approved the GRC Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. This decision resolves the dispute between the parties and establishes the terms and conditions of employment for the affected employees in the concrete and access flooring industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established