Arco Doors Pty Ltd Summary

[2023] FWCA 867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arco Doors Pty Ltd

(AG2023/685)

ARCO DOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 MARCH 2023

Application for approval of the Arco Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Arco Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 Arco Doors Pty Ltd. 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, 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 6 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Australian Council of Trade Unions (ACTU) for the approval of the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 between Arco Doors Pty Ltd and the CFMEU (Victorian Construction and General Division). The application was brought before the Fair Work Commission. The union and the employer were unable to reach an agreement on the terms of the enterprise agreement, necessitating the intervention of the Commission. The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for approval under section 232 of the Act and whether it was in the best interests of the employees.

The Commission found that the proposed agreement met the requirements of the Fair Work Act. The agreement was deemed to be in the best interests of the employees as it provided for reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission noted that the agreement was the result of good faith negotiations between the parties and that it provided for a fair and reasonable outcome for both the employees and the employer. The Commission also considered the impact of the agreement on the employees' ability to balance their work and personal lives, and found that it was conducive to achieving this balance.

As a result of the Commission's findings, the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 was approved. The agreement is now a legally binding document between Arco Doors Pty Ltd and the CFMEU (Victorian Construction and General Division), and will remain in effect until the end of the specified term. The approval of the agreement ensures that the employees covered by the agreement will receive the benefits and protections outlined in the agreement, and that the employer will be bound by the terms of the agreement in relation to the employment of those employees.

Arco Doors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established