DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6731)

AZ IRON 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
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2021

Application for approval of the AZ IRON 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 AZ IRON 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 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 2 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 parties involved in the dispute were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and AZ Iron Pty Ltd. The dispute related to the approval of the Enterprise Agreement between the two parties, specifically focusing on the architectural features and fittings aspects of the agreement for the period of 2020-2023. The case was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue that the court had to address was whether the Enterprise Agreement met the necessary requirements for approval under the Fair Work Act 2009. The court was tasked with examining whether the agreement contained all the mandated terms and conditions, and whether it adhered to the provisions of the Act, including the "better off overall test" which ensures that employees are not disadvantaged by the agreement compared to the applicable award or registered agreement. Furthermore, the court had to determine if the agreement was made in good faith and whether the process of making the agreement was procedurally fair.

The Fair Work Commission carefully reviewed the agreement and considered the evidence presented by both parties. The court found that the agreement satisfied all the legislative requirements and met the better off overall test. The Commission also determined that the agreement was made in good faith and the process was procedurally fair. Consequently, the court approved the Enterprise Agreement, thereby resolving the dispute between AZ Iron Pty Ltd and the CFMEU.

The Fair Work Commission approved the AZ Iron Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, confirming its compliance with the Fair Work Act 2009. This decision was based on the court's finding that the agreement contained all the required terms and conditions, adhered to the Act's provisions, and passed the better off overall test. Additionally, the court found that the agreement was made in good faith and the process was procedurally fair.

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