Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7750)

PATCHWORX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 OCTOBER 2021

Application for approval of the PATCHWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the PATCHWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 26 October 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 Fair Work Commission was asked to consider an application for approval of an enterprise agreement between Patchworx Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The CFMEU sought to have the agreement approved under the Fair Work Act 2009, arguing that it met the requirements for being a simple, low-risk agreement. Patchworx Pty Ltd did not oppose the application, and the Commission needed to determine if the agreement was fair and reasonable.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for being a simple, low-risk agreement. The Commission had to assess if the agreement was clear, concise, and accessible, and if it contained terms and conditions that were fair and reasonable. Additionally, the Commission considered whether the agreement met the requirements for being a simple agreement, including the absence of any complex or contentious terms, and if it was consistent with relevant awards and agreements.

The Commission found that the agreement was clear, concise, and accessible, and contained terms and conditions that were fair and reasonable. The agreement was consistent with relevant awards and agreements, and there were no complex or contentious terms. The Commission was satisfied that the agreement met the requirements for being a simple, low--risk agreement and approved the application.

The Fair Work Commission approved the application for the Patchworx Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023, finding that it was a simple, low-risk agreement that met the requirements of the Fair Work Act 2009. The agreement was clear, concise, and accessible, and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement was consistent with relevant awards and agreements, and there were no complex or contentious terms. The approval of the agreement provides certainty and stability for the parties and their employees, and ensures that the terms and conditions of employment are fair and reasonable.

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