Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8503)

WAYNE ROLLER SHUTTERS PTY LTD T/AS WAYNE ROLLER SHUTTERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2021

Application for approval of the WAYNE ROLLER SHUTTERS PTY LTD T/As WAYNE ROLLER SHUTTERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the WAYNE ROLLER SHUTTERS PTY LTD T/As WAYNE ROLLER SHUTTERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between Wayne Roller Shutters Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2023. The Fair Work Commission was tasked with considering whether the proposed agreement met the necessary criteria for approval. The dispute centred on whether the agreement complied with the relevant legislative provisions and whether it was in the best interests of the employees involved.

The primary legal issues the Commission had to address were whether the agreement contained the mandated minimum terms and conditions, and whether it was free from prohibited content. Furthermore, the Commission needed to assess if the agreement had been genuinely negotiated between the parties and if it met the requirements for employee representation and disclosure.

The Commission examined the agreement clause by clause, ensuring it complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission found that the agreement contained all the necessary minimum terms and conditions and was free from prohibited content. It was also determined that the agreement had been genuinely negotiated between the parties and met the requirements for employee representation and disclosure. Consequently, the Commission approved the proposed enterprise agreement, finding that it was in the best interests of the employees involved.

The Fair Work Commission approved the proposed enterprise agreement between Wayne Roller Shutters Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. This decision was based on the Commission's finding that the agreement complied with the necessary legislative provisions and was in the best interests of the employees involved.

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