Construction, Forestry and Maritime Employees Union

[2024] FWCA 2615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2501)

ARCHITECTURAL CLADDING & BALUSTRADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JULY 2024

Application for approval of the ARCHITECTURAL CLADDING & BALUSTRADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ARCHITECTURAL CLADDING & BALUSTRADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 the Construction, Forestry and Maritime Employees Union. 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 and Maritime Employees 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 24 July 2024. The nominal expiry date of the Agreement is 19 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a Subcontractors Aluminium & Glass Enterprise Agreement between the Construction, Forestry and Maritime Employees Union and Architectural Cladding & Balustrades Pty Ltd. The union sought to have the agreement registered as a certified agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for aluminium and glass workers employed by subcontractors in the construction industry, with a focus on ensuring fair and reasonable terms for the workers.

The primary legal issue before the Commission was whether the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement. The Commission had to consider various aspects of the agreement, including the wages, leave entitlements, and other employment conditions. The union argued that the agreement provided fair and reasonable terms, while the employer contended that certain provisions were unreasonable. The Commission also had to ensure that the agreement met the statutory requirements set out in the Fair Work Act and the Fair Work Regulations.

After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement was fair and reasonable in all its terms and conditions. The Commission considered the evidence regarding industry standards, the bargaining positions of the parties, and the specific provisions of the agreement. The Commission noted that the agreement provided for wage increases and other benefits that were in line with industry benchmarks and provided for fair and reasonable terms of employment. The Commission approved the agreement and registered it as a certified agreement under the Fair Work Act.

The Commission's decision was based on its assessment of the evidence and its application of the relevant legal principles. The Commission found that the agreement met the statutory requirements and provided for fair and reasonable terms of employment. The decision provides guidance to employers and employees in the aluminium and glass industry and sets a benchmark for future enterprise agreements in the sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established