| [2022] FWCA 1096 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/774)
SLIPCRETE 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, 29 MARCH 2022 |
Application for approval of the SLIPCRETE 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 SLIPCRETE 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 5 April 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 1096
- Case
- [2022] FWCA 1096
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC included whether the agreement appropriately covered the terms and conditions of employment for subcontractors in the concrete placement industry, and if it complied with the formal and procedural requirements set out in the legislation. A significant consideration was whether the agreement fairly represented the interests of the employees and whether it included adequate mechanisms for dispute resolution.
The FWC examined the provisions of the agreement and determined that it sufficiently addressed the terms of employment and included necessary dispute resolution mechanisms. The Commission found that the agreement met the formal requirements for approval, including that it was not contrary to public policy and contained no unlawful content. The FWC was satisfied that the agreement was fair and reasonable, considering the interests of both employers and employees, and thus approved the application. Consequently, the Subcontractors Concrete Placement Enterprise Agreement 2020-2023 was registered.
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