Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1974)

PRIME LINE FACADES PTY LTD A TRUSTEE FOR THE FAÇADE UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the PRIME LINE FACADES PTY LTD A TRUSTEE FOR THE FAÇADE UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PRIME LINE FACADES PTY LTD A TRUSTEE FOR THE FAÇADE UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 Federal Court, the Construction, Forestry and Maritime Employees Union sought approval of the Facade Unit Trust, a trustee for the Façade Unit Trust, and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The dispute centred on the application for the enterprise agreement's approval, with the union arguing that the agreement was made in good faith and for the purpose of establishing the terms and conditions of employment for the employees of the trust.

The legal issues before the court involved determining whether the agreement was made in good faith, whether the agreement was genuinely for the purpose of establishing terms and conditions of employment, and whether the agreement met the requirements of the Fair Work Act 2009. The court had to assess whether the union and the employer complied with the statutory requirements for the making of an enterprise agreement and whether the agreement was in the best interests of the employees.

The court held that the union and the employer had made the agreement in good faith and for the purpose of establishing the terms and conditions of employment. The court found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The court approved the agreement, stating that it provided a fair and reasonable outcome for all parties involved. The union's application for approval of the enterprise agreement was successful.

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