DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6928)

ALESSI DESIGN GROUP UNIT TRUST (THE TRUSTEE FOR) T/AS ALESSI DESIGN GROUP 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 SEPTEMBER 2021

Application for approval of the ALESSI DESIGN GROUP UNIT TRUST (THE TRUSTEE FOR) T/As ALESSI DESIGN GROUP 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 ALESSI DESIGN GROUP UNIT TRUST (THE TRUSTEE FOR) T/As ALESSI DESIGN GROUP 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 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 Fair Work Commission involved an application for the approval of a new enterprise agreement between the Alessi Design Group Unit Trust, trading as Alessi Design Group Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The proposed agreement, titled the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, was subject to approval under the Fair Work Act 2009. The central dispute concerned whether the terms of the agreement were in compliance with the statutory requirements for enterprise agreements and whether they met the necessary standards of good faith bargaining and procedural fairness.

The court was required to address several legal issues, including whether the agreement was made in good faith, whether there was procedural fairness in the bargaining process, and whether the terms of the agreement were consistent with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement contained all the mandated terms, including those relating to minimum wages and conditions, and whether it adhered to the Fair Work (Registered Organisations) Act 2009. Furthermore, the court needed to consider whether any of the terms of the agreement were contrary to public policy or had an unfair impact on the employees covered by the agreement.

The Fair Work Commission found that the agreement was made in good faith and that there was procedural fairness in the bargaining process. The Commission confirmed that the agreement contained all the mandated terms and was consistent with the Fair Work Act and other relevant legislation. The court also concluded that none of the terms of the agreement were contrary to public policy or had an unfair impact on the employees. As a result, the Commission approved the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The agreement will now be binding on the parties and will govern the employment conditions of the employees covered by the agreement for the period 2020-2023.

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