Symal Infrastructure Pty Ltd

[2021] FWCA 6031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symal Infrastructure Pty Ltd
(AG2021/7529)

SYMAL INFRASTRUCTURE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the Symal Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2020-2023

[1] Symal Infrastructure Pty Ltd has made an application for approval of an enterprise agreement known as the Symal Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure 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.

[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 September 2021 and, in accordance with s 54, will operate from 5 October 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

Symal Infrastructure Pty Ltd, an applicant, sought approval for a proposed enterprise agreement, which was submitted to the Fair Work Commission (FWC) by the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) (CFMEU). The proposed agreement, named the Symal Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2020-2023, was designed to regulate the employment conditions of the union’s members working within the company. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and should be approved.

The legal issues before the FWC included whether the proposed agreement complied with the Fair Work Act, and if it met the criteria for a certified agreement. The FWC had to consider if the agreement was free from prohibited content, provided for a genuine enterprise agreement, and contained provisions that were fair and reasonable. The Commission also examined if the agreement had been fairly and genuinely negotiated and if the process of negotiation and approval was transparent.

The FWC found that the proposed agreement was free of prohibited content, was genuinely negotiated, and contained provisions that were fair and reasonable. The FWC noted that the agreement was negotiated in good faith and that there was a transparent process for its approval. The Commission concluded that the agreement met the criteria for a certified agreement under the Fair Work Act. The FWC approved the proposed agreement and ordered that it be registered and given effect.

The FWC's final orders included the registration of the Symal Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2020-2023. The agreement was registered on the date of the decision and became a certified agreement under the Fair Work Act. The FWC's approval of the agreement was based on its finding that the agreement met all the necessary legal requirements and was fairly and genuinely negotiated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established