Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/104)

VINAGE INSTALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE AND SIGN WRITERS ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the VINAGE INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the VINAGE INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers 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

The case involved an application for approval of the VINAGE INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, where the central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was brought by the Construction, Forestry and Maritime Employees Union, which sought to have the enterprise agreement approved to ensure it provided fair and reasonable terms and conditions for employees within the specified enterprise.

The primary legal issues before the court were whether the enterprise agreement was genuinely negotiated, and if it contained all the necessary minimum terms and conditions as required by the Fair Work Act. The court also needed to assess whether the agreement was likely to have a positive effect on productivity, sustainability, and efficiency within the workplace. This involved a detailed examination of the negotiation process, the terms of the agreement, and the implications for employees and employers.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties, as evidenced by the documentation and testimonies presented. The court determined that the agreement contained all the necessary minimum terms and conditions, including provisions for wages, hours of work, and other essential workplace matters. The Commission also concluded that the agreement was likely to have a positive effect on productivity, sustainability, and efficiency. As a result, the court approved the enterprise agreement, ensuring that it would provide fair and reasonable terms and conditions for employees within the specified enterprise.

The final orders of the court were that the VINAGE INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would govern the employment terms and conditions of the employees within the specified enterprise 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