DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symal Structures Pty Ltd
(AG2021/3949)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MARCH 2021

Application for approval of the SYMAL STRUCTURES 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 SYMAL STRUCTURES 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 Symal Structures 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 23 March 2021. 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 Fair Work Commission, Symal Structures Pty Ltd applied for approval of a Subcontractors Formwork Enterprise Agreement 2020-2023 with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The respondent, the CFMEU, objected to the approval on several grounds, including that the agreement did not comply with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Act, specifically whether it was a genuine enterprise agreement. The Commission had to consider whether the agreement had been made in good faith and whether it complied with the provisions of the Act, including the mandatory terms and conditions set out in the Fair Work Act.

The Commission examined the evidence and submissions from both parties and found that the agreement was made in good faith and complied with the Act. The Commission noted that the agreement had been negotiated between the parties over an extended period, and that there was evidence of a genuine attempt to reach a consensus. The Commission also found that the agreement met the mandatory terms and conditions set out in the Act, including provisions relating to minimum wages and conditions, dispute resolution, and other workplace matters. The Commission approved the agreement, finding that it was a genuine enterprise agreement that met the requirements of the Act.

The Commission made an order approving the Subcontractors Formwork Enterprise Agreement 2020-2023 between Symal Structures Pty Ltd and the CFMEU (Victorian Construction and General Division). The order took effect from the date of the Commission's decision.

Symal Structures 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