Subterranean Solutions Pty Ltd

[2021] FWCA 7342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Subterranean Solutions Pty Ltd
(AG2021/9024)

SUBTERRANEAN SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2021

Application for approval of the Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the Subterranean Solutions Pty Ltd 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 Subterranean Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Subterranean Solutions Pty Ltd applied to the Fair Work Commission for approval of the Subcontractors Formwork Enterprise Agreement 2020-2023 with the CFMEU (Victorian Construction and General Division). The dispute involved the terms of the enterprise agreement, including wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with ensuring the agreement met the criteria set out in the Fair Work Act 2009, such as being in the best interests of the employees and not undermining the right to free association.

The primary legal issues the Commission had to address were whether the agreement provided adequate protections for the employees and whether it complied with the relevant provisions of the Fair Work Act. The Commission examined the fairness of the terms, the bargaining process, and the impact on the employees. It also considered whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement was fair and reasonable, meeting the requirements of the Fair Work Act. It concluded that the terms were not detrimental to the employees and were consistent with the principles of enterprise bargaining. The bargaining process was deemed fair and transparent, with no evidence of coercion or unfair labour practices. The Commission approved the agreement, noting that it was in the best interests of the employees and would foster productive workplace relations.

The Commission issued an order approving the Subcontractors Formwork Enterprise Agreement 2020-2023 between Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees for the specified period. The order was made to ensure compliance with the Fair Work Act and to provide certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established