DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6577)

PROFIX ALUMINIUM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 AUGUST 2021

Application for approval of the PROFIX ALUMINIUM PTY LTD 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 PROFIX ALUMINIUM PTY LTD 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 25 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were PROFIX ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division). They sought approval of a proposed enterprise agreement, the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The dispute arose from the application process before the Fair Work Commission, and the matter was ultimately determined by the Full Bench of the Federal Court of Australia.

The primary legal issues before the court involved the validity and compliance of the proposed enterprise agreement with the relevant provisions of the Fair Work Act 2009. The court needed to determine whether the agreement met the criteria for registration, including whether it was fairly and appropriately negotiated, and whether it complied with the procedural requirements outlined in the Act. Furthermore, the court had to consider whether the agreement would promote rather than hinder the resolution of industrial disputes.

In delivering the judgment, the Full Bench of the Federal Court reviewed the evidence and submissions provided by both parties. The court found that the proposed agreement had been fairly and appropriately negotiated and met the procedural requirements for registration. It was also determined that the agreement would not hinder the resolution of industrial disputes. Consequently, the court approved the application for the registration of the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023.

The final orders of the court approved the registration of the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 between PROFIX ALUMINIUM PTY LTD and the CFMEU (Victorian Construction and General Division). This decision allowed the parties to proceed with the implementation of the agreement, subject to the terms and conditions outlined within it.

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