Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7368)

RELIABLE WELDING SERVICE 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 JOHNS	SYDNEY, 23 SEPTEMBER 2021

Application for approval of the RELIABLE WELDING SERVICE 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 RELIABLE WELDING SERVICE 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 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

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Reliable Welding Service Pty Ltd. The dispute related to the approval of an enterprise agreement between the two parties. The matter was heard in the Fair Work Commission. The legal issues that the court had to address were whether the agreement was consistent with the relevant provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees covered by the agreement.

The court examined the agreement clause by clause, considering whether each provision complied with the relevant statutory requirements. The court found that the agreement was generally consistent with the requirements of the Fair Work Act, and that it was in the best interests of the employees. The court noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The court also found that the agreement provided for a fair and reasonable process for resolving disputes between employees and employers.

In light of the above findings, the court approved the agreement. The court noted that the agreement was the result of good faith negotiations between the parties, and that it provided for a fair and reasonable outcome for all parties. The court also noted that the agreement provided for a number of protections for employees, including protections against unfair dismissal and protections for employees who are subject to industrial action. The court found that the agreement was in the best interests of the employees, and that it should be approved. The final orders of the court were that the agreement be approved, subject to certain conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established