Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/7385)

CLADDING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2021

Application for approval of the CLADDING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CLADDING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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.

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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Subcontractors Cladding Installation Enterprise Agreement 2020-2023 between Cladding Systems Pty Ltd and the CFMEU. The agreement covered employees working on cladding installations for Cladding Systems Pty Ltd in Victoria. The primary dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement contained all the mandated terms and conditions, was free from prohibited content, and adhered to the process for its creation. A key issue was whether the union had genuinely bargained with the employer and if the agreement fairly represented the interests of the employees involved. The court also had to assess whether the agreement complied with the Fair Work Act's provisions regarding minimum standards and the protection of employee rights.

After reviewing the application and the agreement, the Fair Work Commission found that the agreement met all the legal requirements. The union had genuinely bargained with the employer, and the agreement was fair and balanced in representing the employees' interests. The court approved the agreement, noting that it provided adequate terms and conditions and did not contain any prohibited content. The agreement was thus deemed suitable for registration under the Fair Work Act 2009.

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