Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/100)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 FEBRUARY 2024

Application for approval of the MF WINDOWS 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 MF WINDOWS 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 9 February 2024. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the MF WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, the Australian Industrial Relations Commission (AIRC) was presented with a request to assess and approve the agreement between the parties. The Construction, Forestry and Maritime Employees Union (CFMEU), representing the employees, and MF WINDOWS PTY LTD, representing the employers, had entered into an enterprise agreement that they sought the Commission's approval for, in line with the Fair Work Act 2009. The primary focus of the dispute was to determine if the agreement met the statutory requirements for fair and reasonable terms and conditions, including those related to remuneration, hours of work, and other employment conditions.

The legal issues the court was required to decide involved verifying whether the agreement complied with the provisions of the Fair Work Act 2009, specifically whether it adhered to the 'better-off, overall test'. This test ensures that the employees are not worse off overall and that the agreement promotes the objectives of the Act, such as facilitating higher wages and better working conditions. The court had to examine if the agreement was fair and reasonable, and whether it was made in good faith, without coercion or discrimination. Additionally, the court had to consider if the agreement provided for proper dispute resolution mechanisms and was in line with other applicable industrial laws and regulations.

The AIRC examined the terms and conditions outlined in the enterprise agreement, ensuring that they met the statutory requirements and were fair and reasonable for both parties. The Commission assessed whether the agreement provided for a minimum rate of pay, overtime provisions, and other entitlements that were at least as good as or better than the applicable awards or registered agreements. The court also evaluated the negotiation process and the parties' conduct to ensure that the agreement was made in good faith. After thorough deliberation, the AIRC approved the agreement, finding that it met the necessary criteria and was fair and reasonable for both the employees and the employer. The approval was based on the evidence presented that the agreement provided better terms and conditions than those provided by the applicable awards or other agreements, and that the negotiation process was conducted in good faith.

The final orders of the AIRC were to approve the MF WINDOWS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, effective from the date of approval. The approved agreement now serves as the governing document for the employment conditions of the employees within the scope of the agreement, providing a framework for fair and reasonable terms and conditions of employment.

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