Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/881)

SUMAN INSTALLATIONS 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 LEE	MELBOURNE, 3 APRIL 2024

Application for approval of the SUMAN INSTALLATIONS 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 SUMAN INSTALLATIONS 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 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 10 April 2024. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of the SUMAN INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. This agreement outlines the terms and conditions of employment for workers engaged in architectural features and fittings in the construction industry. The Commission was required to consider the fairness and compliance of the agreement with the Fair Work Act 2009.

The primary legal issues the Commission addressed were whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement complied with the good faith bargaining requirements and whether it adhered to the process outlined in the Act. Furthermore, the Commission examined whether the agreement provided for appropriate dispute resolution mechanisms and whether it contained necessary provisions for protecting workers' rights.

In its decision, the Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment. It was noted that the agreement was the result of good faith bargaining between the parties and that it complied with all relevant provisions of the Fair Work Act. The Commission also found that the agreement included appropriate dispute resolution mechanisms and that it contained necessary provisions for protecting workers' rights. Consequently, the Commission approved the agreement, stating that it met all the statutory requirements for approval.

The final order of the Commission was to approve the SUMAN INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment of workers in the specified industry for the duration of the agreement.

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