DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6937)

C M FITT AND B L WALKER T/AS PERFORMANCE ENGINEERING AND DRAFTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the C M FITT AND B L WALKER T/As PERFORMANCE ENGINEERING AND DRAFTING and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the C M FITT AND B L WALKER T/As PERFORMANCE ENGINEERING AND DRAFTING and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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

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CaseChat Overview and Summary

The matter before the court was an application for the approval of a new enterprise agreement between Performance Engineering and Drafting and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. This included examining the fairness of the agreement, its compliance with minimum standards, and whether it had been genuinely bargained between the parties.

The legal issues for determination involved whether the agreement was made in good faith and whether it met the standards set by the Fair Work Act. The court needed to verify if the agreement provided for minimum rates of pay, conditions, and entitlements, and if it was consistent with the Fair Work (Registered Organisations) Act 2009. Furthermore, the court considered whether the agreement was negotiated between the parties with genuine intent and whether it contained terms that were not adverse to the interests of the employees. The court had to ensure that the agreement was not only procedurally valid but also substantively fair to all parties involved.

In its decision, the Fair Work Commission found that the agreement was made in good faith and contained terms that were fair and reasonable. The Commission examined the negotiation process and concluded that the agreement was genuinely negotiated between the parties. It also found that the agreement met the minimum standards required by the Fair Work Act and did not contain any terms that were adverse to the employees. The Commission approved the proposed agreement, noting that it provided for appropriate rates of pay, conditions, and other entitlements. The Commission's decision was based on a detailed analysis of the negotiation process, the terms of the agreement, and its compliance with the relevant statutory requirements.

The Fair Work Commission approved the proposed enterprise agreement, confirming its compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission found that the agreement had been genuinely negotiated and met the necessary standards for approval. The agreement was thus approved, ensuring that it would provide for fair rates of pay, conditions, and other entitlements for the employees involved.

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