Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7379)

PRO IMAGE INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 SEPTEMBER 2021

Application for approval of the PRO IMAGE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the PRO IMAGE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 30 September 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 the application for the approval of the PRO IMAGE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023, the Australian Industrial Relations Commission was called upon to determine whether the agreement should be approved. The applicants were the PRO IMAGE INTERIORS PTY LTD, a company in the plastering industry, and the CFMEU (Victorian Construction and General Division), a trade union representing workers in the industry. The agreement, which was proposed to cover the period from 2020 to 2023, included terms and conditions of employment for plastering subcontractors. The dispute arose as the agreement needed formal approval from the Commission before it could be enforced.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically in terms of procedural fairness, whether the agreement was in the best interests of the employees, and if it contained terms that were consistent with the National Employment Standards and other relevant awards and agreements. The Commission also needed to consider if the agreement provided a safety net of minimum terms and conditions for employees and if it was free from any unlawful provisions.

In reaching its decision, the Commission examined the procedural fairness of the bargaining process, the content of the agreement, and the evidence provided by both parties. The Commission was satisfied that the agreement was the result of genuine and voluntary bargaining, and that the terms and conditions were fair and reasonable. The Commission found that the agreement provided adequate protection for employees, with terms that were consistent with the National Employment Standards and other relevant awards and agreements. Additionally, the Commission was satisfied that the agreement did not contain any unlawful provisions. Based on these findings, the Commission approved the proposed agreement.

The final orders of the Commission were that the PRO IMAGE INTERIORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 be approved, and that the agreement be registered with the Commission. The agreement is now legally binding on the parties and enforceable 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