Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7507)

LIFTMOD UNIT TRUST (THE TRUSTEE FOR) T/AS LIFTMOD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the LIFTMOD UNIT TRUST (THE TRUSTEE FOR) T/As LIFTMOD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the LIFTMOD UNIT TRUST (THE TRUSTEE FOR) T/As LIFTMOD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 7 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 matter of an application by the LIFTMOD UNIT TRUST (THE TRUSTEE FOR) T/As LIFTMOD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, the Fair Work Commission was tasked with determining whether the proposed enterprise agreement should be approved and registered. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement, which aimed to govern the terms and conditions of employment for employees in the specified industry.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained minimum terms and conditions as stipulated by the Act, and if it was free from any prohibited content. Additionally, the Commission had to consider whether the agreement had been fairly negotiated and whether it complied with the procedural requirements set out in the legislation.

The Commission found that the proposed agreement was in compliance with the Fair Work Act. It contained all the required minimum terms and conditions and was free from any prohibited content. The evidence presented demonstrated that the agreement had been fairly negotiated and that the necessary procedural requirements had been met. The Commission was satisfied that the agreement would provide appropriate protections for employees and would operate in a manner that was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the application and registered the enterprise agreement.

The final orders of the Commission were that the LIFTMOD UNIT TRUST (THE TRUSTEE FOR) T/As LIFTMOD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement will govern the employment of the relevant employees and provides a framework for their industrial relations moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established