Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7334)

MUREX GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SOLID PLASTERING ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the MUREX GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the MUREX GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Solid 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 case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant, and the MUREX GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors, the respondents, the Fair Work Commission was asked to approve an enterprise agreement between the parties. The dispute centred around the terms and conditions set forth in the proposed Subcontractors Solid Plastering Enterprise Agreement 2020-2023.

The primary legal issues before the court involved determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the statutory requirements for a modern award. Specifically, the court had to assess if the agreement provided for the minimum entitlements, dealt with pay and conditions fairly and reasonably, and did not unfairly discriminate against any group of employees.

The Fair Work Commission found that the proposed agreement met all necessary legal requirements and provided fair and reasonable terms for the employees. The court examined each clause of the agreement and found that it complied with the Fair Work Act and modern award provisions. The agreement was also found to be free from unfair discrimination and provided for the minimum entitlements as required by law. The court approved the enterprise agreement, acknowledging the negotiation process between the parties and the fairness of the terms set forth in the agreement.

Consequently, the Fair Work Commission approved the Subcontractors Solid Plastering Enterprise Agreement 2020-2023, which now governs the employment conditions for the relevant employees within the specified period. This decision reinforces the importance of ensuring that enterprise agreements comply with the Fair Work Act and modern award provisions, ultimately protecting the rights and interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established