Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7378)

NEW IMAGE INSTALLATIONS PTY. LTD. AS THE TRUSTEE FOR MAB TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the New Image Installations Pty. Ltd. as the Trustee for MAB Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the New Image Installations Pty. Ltd. as the Trustee for MAB Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 21 September 2021 and, in accordance with s 54, will operate from 28 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and New Image Installations Pty. Ltd. were the parties involved in an application before the Fair Work Commission. The matter concerned the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, with New Image Installations Pty. Ltd. as the Trustee for the MAB Trust. The dispute centred on whether the enterprise agreement complied with the relevant statutory requirements and whether it was fit for purpose.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it satisfied the requirements of the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement was fair and reasonable, taking into account the need for a safety net and the potential impact on the parties involved. The Commission also had to consider whether the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement was genuinely negotiated between the parties and met the statutory requirements under the Fair Work Act. It was determined that the agreement was fair and reasonable, providing an appropriate safety net and balancing the interests of both employers and employees. The Commission noted that while the agreement contained some provisions that were less favourable to employees, it also included significant benefits and protections. The Commission concluded that the agreement was fit for purpose and approved it, allowing it to be registered and enforceable.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, with New Image Installations Pty. Ltd. as the Trustee for the MAB Trust. The agreement was deemed to be genuinely negotiated, compliant with the Fair Work Act, and fair and reasonable. The Commission's decision was based on the balance of benefits and protections provided by the agreement and its suitability for the industry and workforce involved.

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