Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1589)

BLICK CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 23 MAY 2024

Application for approval of the BLICK CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BLICK CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 30 May 2024. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the BLICK CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The application was made by the Construction, Forestry and Maritime Employees Union, and the matter was heard in the Fair Work Commission. The union sought the Commission's approval of the agreement, which outlines the terms and conditions of employment for subcontractors in the plastering industry within the specified period.

The primary legal issue before the Commission was whether the terms of the enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement met the requirements for "better off overall and in the round" for the employees covered by the agreement, and whether the agreement was free from any invalid or unenforceable provisions. Additionally, the Commission examined if the agreement was made in accordance with the relevant procedures and if it addressed the needs of both the employers and employees in the industry.

The Commission found that the agreement was consistent with the provisions of the Fair Work Act and was appropriately negotiated. It determined that the agreement was fair and reasonable, taking into account the economic circumstances and the needs of both parties. The Commission was satisfied that the agreement provided for a fair and equitable outcome for the employees, and that the terms and conditions were reasonable and appropriate for the industry. The Commission also noted that the agreement contained provisions for the resolution of disputes and the protection of employees' rights and interests.

The Fair Work Commission approved the BLICK CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023, finding it to be compliant with the requirements of the Fair Work Act. The agreement is now in effect and will govern the terms and conditions of employment for subcontractors in the plastering industry for the specified period.

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