Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7653)

PWGG (VIC) PTY LTD ATF PWGG (VIC) TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2021

Application for approval of the PWGG (VIC) PTY LTD ATF PWGG (VIC) TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the PWGG (VIC) PTY LTD ATF PWGG (VIC) TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 19 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the PWGG (VIC) PTY LTD ATF PWGG (VIC) TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The dispute arose from the negotiation and proposed terms of the enterprise agreement between the employer and the union, specifically focusing on the conditions and rights of subcontractors in the aluminium and glass industry in Victoria.

The central legal issues addressed by the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for fair and reasonable terms under the Act. The Commission needed to examine the substantive terms of the agreement, including wages, working conditions, dispute resolution mechanisms, and other employment-related provisions, to determine their compliance with statutory standards.

In delivering its decision, the Commission carefully reviewed the evidence and submissions from both parties, taking into account the Fair Work Act’s objectives of providing a safety net of minimum entitlements, facilitating high levels of employment and economic growth, and promoting cooperative workplace relations. The Commission found that the proposed enterprise agreement generally met the statutory requirements for approval, as it contained fair and reasonable terms and conditions that aligned with the Act's objectives. The Commission also noted the importance of the agreement in providing a framework for the fair treatment of subcontractors within the specified industry.

The Commission approved the enterprise agreement, subject to minor modifications to ensure full compliance with the Fair Work Act. These modifications were made to address specific concerns raised during the review process. The final orders included the approval of the agreement with the specified amendments, ensuring that it would provide a fair and reasonable framework for the employment conditions of subcontractors in the aluminium and glass industry in Victoria.

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