Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7569)

JCA COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 OCTOBER 2021

Application for approval of the JCA COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the JCA COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating 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 12 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 matter before the Fair Work Commission involved an application for the approval of the JCA Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The dispute centred around whether the agreement met the legal requirements under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner J C Hull, was tasked with determining the application's validity.

The primary legal issues revolved around whether the agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement was free from any prohibited content and whether it was made in good faith. Another significant issue was the fairness of the terms and conditions, including the impact on the parties' rights and obligations. The Commission also considered whether the agreement would lead to improved productivity and a harmonious workplace.

In delivering its decision, the Commission found that the agreement was largely compliant with the statutory requirements. It was noted that the agreement did not contain any prohibited content and appeared to have been made in good faith. The terms and conditions of the agreement were considered fair and reasonable, with a positive impact on the workplace relations. The Commission also highlighted that the agreement had the potential to improve productivity and foster a more harmonious working environment.

The Fair Work Commission approved the application for the JCA Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The agreement was deemed to meet the requirements of the Fair Work Act and was approved as a registered enterprise agreement.

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