Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8609)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2021

Application for approval of the CONTRACT GLASS & ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the CONTRACT GLASS & ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 16 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 before the Fair Work Commission involved an application for the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 between Contract Glass & Aluminium Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement, which was to cover a period of three years, was submitted for assessment by the Fair Work Commission to ensure compliance with the Fair Work Act 2009. The union and the employer sought the Commission's approval of the agreement, which would then be registered with the Fair Work Commission and enforceable under the Act.

The legal issues central to the decision revolved around whether the agreement met the requirements of the Fair Work Act 2009. This included examining whether the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions, and whether it complied with the process outlined in the Act for the approval of such agreements. The Commission also had to consider whether the agreement was appropriate and whether it would have a detrimental effect on the employees' working conditions.

The Fair Work Commission, after thorough examination, found that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. The Commission also confirmed that the process for approval was correctly followed, and there was no evidence to suggest that the agreement would have a detrimental effect on the employees' working conditions. Given these findings, the Commission approved the agreement, acknowledging that it provided a fair and reasonable outcome for the employees covered by it. The approval of the agreement was then registered, making it enforceable under the Act.

The final orders of the Commission were that the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 be approved and registered. This registration would ensure that the agreement could be used as a basis for employment terms and conditions between the parties for the duration of its validity. The decision underscored the importance of the Fair Work Commission's role in overseeing enterprise agreements to protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established