Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8826)

KINGS COMMERCIAL FLOORING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2021

Application for approval of the KINGS COMMERCIAL FLOORING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the KINGS COMMERCIAL FLOORING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Kings Commercial Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009, and the decision was made by the Full Bench of the Fair Work Commission. The dispute centred on whether the enterprise agreement was suitable for registration and approval under the Act.

The primary legal issues before the court were whether the agreement met the criteria for approval under section 231 of the Fair Work Act, including whether it provided for a fair and efficient system of classification and remuneration for employees, and whether it complied with the relevant provisions of the Act regarding enterprise agreements. The court also had to consider whether the agreement was made in good faith and whether it met the requirements for simplicity and clarity.

The Full Bench found that the enterprise agreement was suitable for approval. The court considered the submissions made by the parties and found that the agreement provided for a fair and efficient system of classification and remuneration for employees, and that it complied with the relevant provisions of the Act. The court also found that the agreement was made in good faith and met the requirements for simplicity and clarity. The Full Bench was satisfied that the agreement was in the best interests of the employees and employers covered by the agreement.

The Full Bench approved the enterprise agreement and made orders accordingly. The agreement was registered with the Fair Work Commission, and it will now apply to the employees and employers covered by the agreement. The decision provides guidance on the requirements for enterprise agreements under the Fair Work Act and the considerations that the court will take into account when deciding whether to approve an enterprise agreement.

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