Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7431)

LEE BROTHERS FENCING PTY LTD T/AS LEE GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2021

Application for approval of the LEE BROTHERS FENCING PTY LTD T/As LEE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the LEE BROTHERS FENCING PTY LTD T/As LEE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing 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 5 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, as the registered bargaining representative for employees in the fencing industry, applied for approval of the LEE BROTHERS FENCING PTY LTD T/As LEE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment, including wages, hours, and other employment-related matters, for employees within the fencing industry covered by the proposed enterprise agreement.

The primary legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act, including whether it provided for the proper bargaining of terms and conditions of employment, and whether it contained provisions that were contrary to the public interest or against the principles of the Fair Work Act. The Commission also needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission determined that the enterprise agreement met the statutory requirements under the Fair Work Act. The Commission found that the agreement had been properly negotiated between the parties, and that it contained provisions that were fair and reasonable for the employees covered by the agreement. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest or against the principles of the Fair Work Act. As a result, the Commission approved the enterprise agreement, which will now apply to employees covered by the agreement from the date of approval.

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