Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7291)

CAPITAL FUSION STUD WELDING 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 LEE	MELBOURNE, 17 SEPTEMBER 2021

Application for approval of the CAPITAL FUSION STUD WELDING 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 CAPITAL FUSION STUD WELDING 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 24 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the Capital Fusion Stud Welding Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, sought approval of an enterprise agreement. The application for approval was opposed by Capital Fusion Stud Welding Pty Ltd. The central issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the minimum terms and conditions as mandated by the Act.

The Commission commenced its analysis by examining the process through which the agreement was negotiated and concluded. It assessed whether the parties had genuinely attempted to negotiate in good faith and if the outcome reflected a fair balance between the interests of the employer and employees. Additionally, the Commission scrutinised the contents of the agreement to ensure compliance with the minimum standards prescribed by the Fair Work Act. This included verifying the adequacy of the provisions concerning wages, hours of work, leave entitlements, and other conditions of employment.

After thorough deliberation, the Commission found that the enterprise agreement was indeed made in good faith and satisfied the minimum terms and conditions set forth by the Act. The Commission was satisfied that the negotiation process was transparent and that the final terms of the agreement reflected a fair and reasonable compromise between the parties. Consequently, the Commission approved the enterprise agreement. The approval ensures that the agreement will be legally binding and enforceable between the employer and the employees covered by the agreement.

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