DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6777)

SAND-STOCK CLAY PANELS PTY LTD T/AS PRO-FIX WINDOWS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 AUGUST 2021

Application for approval of the SAND-STOCK CLAY PANELS PTY LTD T/As PRO-FIX WINDOWS and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the SAND-STOCK CLAY PANELS PTY LTD T/As PRO-FIX WINDOWS and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 7 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 applicant, Sand-Stock Clay Panels Pty Ltd trading as Pro-Fix Windows, sought approval for an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The union argued that the agreement was appropriate and fair, while the applicant emphasised the agreement's benefits for their business and the workforce.

The central legal issues before the Commission were whether the agreement contained the necessary terms as per the Fair Work Act and whether it was free from any prohibited content. Specifically, the Commission had to verify that the agreement was made in good faith, covered the appropriate bargaining period, and did not include any terms that were contrary to public policy or contravened any other federal law. The applicant had to demonstrate that the agreement was a genuine bargain between the parties and that it complied with the various statutory provisions.

The Commission found that the agreement met all the necessary requirements under the Fair Work Act. It determined that the agreement was made in good faith and that it contained the appropriate terms for the specified bargaining period. The Commission was satisfied that the agreement did not include any terms that were contrary to public policy or that contravened any other federal law. The Commission also noted the efforts made by the parties to reach a genuine agreement that balanced the interests of both employers and employees.

Consequently, the Fair Work Commission approved the subcontractor’s enterprise agreement between Sand-Stock Clay Panels Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was registered and will be in effect for the period from 1 January 2020 to 31 December 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