DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6913)

RAINBOW FAMILY TRUST (THE TRUSTEE FOR) T/AS ELEVATOR PLACEMENT SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 SEPTEMBER 2021

Application for approval of the RAINBOW FAMILY TRUST (THE TRUSTEE FOR) T/As ELEVATOR PLACEMENT SERVICES 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 RAINBOW FAMILY TRUST (THE TRUSTEE FOR) T/As ELEVATOR PLACEMENT SERVICES 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The matter before the court involved the Rainbow Family Trust, trading as Elevator Placement Services, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The Trust sought approval of the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. This agreement is intended to govern the employment conditions of subcontractors within the architectural features and fittings sector, as negotiated between the Trust and the Union. The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees it covered and if it contained all the mandated minimum terms and conditions.

The court undertook a thorough examination of the proposed agreement, focusing on its provisions and how they aligned with the statutory requirements. It evaluated whether the agreement provided for fair and reasonable terms and conditions for the employees involved, and whether it adequately balanced the interests of both the employers and the employees. Additionally, the court assessed the negotiation process and whether the agreement was genuinely negotiated between the parties. The court found that the agreement was consistent with the statutory provisions and was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, and the negotiation process was legitimate. Consequently, the court approved the agreement, confirming its compliance with the necessary legal standards.

The court's decision was grounded in the comprehensive analysis of the agreement's provisions and the adherence to statutory requirements. By confirming the agreement's compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, the court ensured that the agreement would provide fair and reasonable terms and conditions for the employees within the architectural features and fittings sector. The approval of the agreement allows it to be registered and enforced as a binding enterprise agreement, offering certainty and stability to both the employers and employees involved. The court's decision effectively addresses the legal issues presented, ensuring that the agreement meets the necessary standards for approval.

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