DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Summit Concrete Victoria Pty Ltd
(AG2021/6264)

SUMMIT CONCRETE VICTORIA 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 COLMAN	MELBOURNE, 28 JULY 2021

Application for approval of the Summit Concrete Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023.

[1] Summit Concrete Victoria Pty Ltd has made an application for approval of an enterprise agreement known as the Summit Concrete Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 28 July 2021 and, in accordance with s 54, will operate from 4 August 2021. 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

The application before the Fair Work Commission was brought by Summit Concrete Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) seeking approval of the Subcontractors Concrete Placement Enterprise Agreement 2020-2023. The agreement was proposed to regulate the employment terms and conditions of subcontractors in the concrete placement industry in Victoria. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was required to consider various factors, including the fairness and simplicity of the agreement, its compliance with relevant legislation, and whether it provided for genuine bargaining.

The key legal issues revolved around the validity and fairness of the proposed enterprise agreement. The Commission had to determine whether the agreement was genuinely bargained for, whether it provided for the terms and conditions of employment in a fair and reasonable manner, and whether it complied with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement met the requirements for simplicity and transparency as outlined in the Act. Additionally, the Commission needed to ensure that the agreement did not disadvantage any party unduly and that it provided for a fair and reasonable process for resolving disputes.

The Commission found that the proposed agreement was genuinely bargained for and met the requirements for simplicity and transparency. The agreement provided for fair and reasonable terms and conditions of employment and did not disadvantage any party unduly. The Commission also found that the agreement complied with the provisions of the Fair Work Act and provided for a fair and reasonable process for resolving disputes. Therefore, the Commission approved the proposed agreement, finding that it met all the necessary criteria for approval under the Act.

The Commission's decision was that the proposed Subcontractors Concrete Placement Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act 2009. The Commission's approval of the agreement will provide certainty and stability for employers and employees in the concrete placement industry in Victoria, and will ensure that the terms and conditions of employment are fair and reasonable.

Summit Concrete Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established