Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1973)

PRIME LINE FACADES PTY LTD A TRUSTEE FOR FACADE CO UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2024

Application for approval of the PRIME LINE FACADES A TRUSTEE FOR FACADE CO UNIT TRUST and 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 PRIME LINE FACADES A TRUSTEE FOR FACADE CO UNIT TRUST and 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 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 21 June 2024. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and Prime Line Facades A Trustee for Facade Co Unit Trust were parties to an application seeking approval of the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The dispute centred around the terms and conditions of employment for workers within the aluminium and glass trades employed by subcontractors in the construction industry. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for registration under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act, including fairness, simplicity, and other regulatory requirements. The CFMEU argued that the agreement provided adequate protections and fair terms for the workers, while Prime Line Facades contested certain provisions, suggesting they were either unnecessary or overly stringent.

The Commission carefully reviewed the agreement and found that it included all the prescribed minimum terms and conditions. It also determined that the agreement was fair and simple, and met all the necessary regulatory requirements. The Commission highlighted that the agreement provided appropriate protections for workers, including provisions for minimum wage rates, entitlements, and dispute resolution mechanisms. The Commission approved the agreement, emphasising the importance of maintaining a balanced approach that recognised the rights of both employers and employees.

The final orders of the Commission were to approve the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 as meeting the requirements of the Fair Work Act. This decision ensured that the terms and conditions of employment for workers in the specified trades would be governed by the agreed-upon agreement, providing clarity and stability in the industry.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established