Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 978

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/669)

INGLIS CONSTRUCTION PTY LTD AS TRUSTEE FOR THE RT & CJ INGLIS FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 MARCH 2022

Application for approval of the INGLIS CONSTRUCTION PTY LTD AS TRUSTEE FOR THE RT & CJ INGLIS FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the INGLIS CONSTRUCTION PTY LTD AS TRUSTEE FOR THE RT & CJ INGLIS FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 29 March 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 case of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Inglis Construction Pty Ltd as Trustee for the RT & CJ Inglis Family Trust, the Federal Court was tasked with reviewing the approval of a proposed enterprise agreement. The dispute centred on whether the agreement between the CFMEU and the subcontractor, Inglis Construction, met the criteria for approval under the Fair Work Act 2009. The court's primary role was to ensure that the agreement complied with the legislative requirements and provided for the proper administration of the agreement.

The legal issues before the court encompassed whether the agreement contained the necessary procedural safeguards, including provisions for employee representation and dispute resolution, and whether it aligned with the principles of procedural fairness and the broader objectives of the Fair Work Act. The court had to consider whether the agreement's provisions were consistent with the minimum entitlements outlined in the relevant awards and whether it adequately facilitated the operation of the agreement.

In delivering its judgment, the court found that the proposed enterprise agreement contained adequate provisions for procedural fairness and was consistent with the requirements of the Fair Work Act. The agreement included mechanisms for employee representation and dispute resolution, which the court deemed sufficient to meet the legislative standards. The court also noted that the agreement was aligned with the principles of procedural fairness and did not contravene any minimum entitlements. Consequently, the court approved the agreement, acknowledging that it provided a fair framework for the parties involved and facilitated the proper administration of the agreement.

The final orders of the court were to approve the Inglis Construction Pty Ltd as Trustee for the RT & CJ Inglis Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. This decision confirmed the agreement's compliance with the Fair Work Act and validated its terms for implementation within the relevant industries.

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