Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/375)

Trinity Windows Contracting Pty Ltd t/as Trinity Facades and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 FEBRUARY 2022

Application for approval of the Trinity Windows Contracting Pty Ltd t/as Trinity Facades and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Trinity Windows Contracting Pty Ltd t/as Trinity Facades and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Trinity Windows Contracting Pty Ltd (Employer) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a greenfields agreement.

The CFMMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2022. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Trinity Windows Contracting Pty Ltd trading as Trinity Facades and the Construction, Forestry, Maritime, Mining and Energy Union ACT Finishing and Façade Trades Enterprise Agreement 2021 was before the Fair Work Commission. The dispute arose from the negotiation and proposed terms of the enterprise agreement between the employer and the union, representing the employees. The commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the commission included whether the agreement had been made in good faith, if it contained the necessary minimum terms, and whether it complied with other provisions of the Fair Work Act. Specifically, the commission had to assess whether the agreement provided for appropriate minimum rates of pay, conditions, and leave entitlements for the employees, as well as whether it included necessary provisions for dispute resolution and good faith bargaining.

In its decision, the commission found that the proposed agreement had been made in good faith and contained all the necessary minimum terms required by the Fair Work Act. The commission also determined that the agreement provided for fair and reasonable terms and conditions for the employees, including appropriate rates of pay, conditions, and leave entitlements. Additionally, the agreement included necessary provisions for dispute resolution, which the commission deemed to be adequate. Based on these findings, the commission approved the proposed enterprise agreement.

The final orders of the commission were that the Trinity Windows Contracting Pty Ltd t/as Trinity Facades and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of registration, binding both the employer and the employees represented by the union.

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