Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/419)

360 INSTALL 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 MARCH 2022

Application for approval of the 360 INSTALL 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 360 INSTALL 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, Maritime, Mining and Energy 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, Maritime, Mining and Energy 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 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the 360 INSTALL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023. The primary dispute arose from the terms and conditions proposed within the enterprise agreement, with the applicant seeking to have the agreement formally recognised and enforced. The Commission was tasked with determining whether the agreement met the necessary standards and requirements as stipulated under the Fair Work Act 2009.

The legal issues central to the case encompassed whether the proposed enterprise agreement adhered to the provisions of the Fair Work Act, particularly focusing on the aspects of good faith bargaining, the "better off overall test," and compliance with the "single, national workplace relations system." Additionally, the court examined the procedural fairness in the bargaining process and whether the agreement provided adequate protections and benefits for the employees involved.

In reaching its decision, the Commission considered the principles of fairness and the balance of power between the employer and employees. The Commission found that the agreement was negotiated in good faith and met the "better off overall test," ensuring that employees would not be worse off financially or in terms of conditions. The Commission also noted that the agreement provided for adequate safeguards and protections for the workforce, aligning with the objectives of the Fair Work Act. Consequently, the application for the approval of the enterprise agreement was granted.

The final orders of the Commission included the formal approval of the 360 INSTALL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered and applied in accordance with the Fair Work Act, with the terms and conditions outlined in the agreement to govern the employment relationship between the parties for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established