Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8458)

MJ Coatings Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 NOVEMBER 2021

Application for approval of the MJ Coatings Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the MJ Coatings Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 30 November 2021 and, in accordance with s 54, will operate from 7 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the MJ Coatings Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The Fair Work Commission was tasked with reviewing the proposed agreement to ensure it met the necessary standards and protections under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided appropriate protections for employees, maintained a balance between the parties' interests, and adhered to the requirements set out in the Fair Work Act. The Commission had to consider the terms of the agreement, the bargaining positions of the parties, and whether the agreement was made in good faith.

After a thorough review, the Commission found that the agreement provided adequate protections for employees, maintained a fair balance between the parties' interests, and met the requirements of the Fair Work Act. The Commission approved the agreement, noting that it included provisions for minimum wages, penalties for breaches, and procedures for resolving disputes. The Commission also acknowledged the parties' efforts to negotiate in good faith.

The final orders of the Commission were to approve the MJ Coatings Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and applied to the relevant employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established