Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/857)

ZEKYM CONSTRUCTION PTY LTD AS TRUSTEE FOR AH-CHEUNG FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 APRIL 2022

Application for approval of the ZEKYM CONSTRUCTION PTY LTD AS TRUSTEE FOR AH-CHEUNG FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ZEKYM CONSTRUCTION PTY LTD AS TRUSTEE FOR AH-CHEUNG FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 12 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

The application before the Fair Work Commission sought approval of the ZEKYM CONSTRUCTION PTY LTD AS TRUSTEE FOR AH-CHEUNG FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The agreement aimed to regulate the terms and conditions of employment for steelfixers within the relevant industry. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues central to the case revolved around the validity and fairness of the proposed agreement. Key points of contention included the agreement's compliance with the procedural requirements set out in the Fair Work Act, its adherence to the 'better off overall test', and the balance of rights and obligations it established for the parties involved. The Commission needed to assess whether the agreement would lead to a genuine improvement in the working conditions and pay of the employees covered by it.

The Commission examined the evidence and submissions presented by both parties and found the agreement to be compliant with the statutory requirements. The agreement satisfied the procedural requirements and met the 'better off overall test' as it provided a fair and reasonable outcome for both employees and employers. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly. The approval of the agreement ensures that the terms and conditions of employment for steelfixers within the industry are regulated and protected by a legally binding document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established