DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6942)

MATES UNITED PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 SEPTEMBER 2021

Application for approval of the MATES UNITED PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the
MATES UNITED PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 15 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 matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and MATES UNITED PTY LTD for the approval of the MATES UNITED PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission.

The primary legal issue the court had to determine was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including provisions regarding good faith bargaining, the scope of the agreement, and the protection of employees' rights. The court also needed to assess whether the agreement provided for a fair and reasonable set of terms and conditions for the employees covered by it.

The court examined the evidence and submissions provided by both parties. It found that the agreement had been made in good faith and covered a specific group of employees engaged in caulking and sealing activities. The court concluded that the terms and conditions proposed in the agreement were fair and reasonable, taking into account the nature of the work, the parties' respective positions, and the broader economic context. The court approved the enterprise agreement, finding it met the statutory requirements.

The court ordered the approval of the MATES UNITED PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to apply to the employees covered by it, and both parties were bound by its terms and conditions.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established