DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6552)

DMAX DOORS 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, 16 AUGUST 2021

Application for approval of the DMAX DOORS 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 DMAX DOORS 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 23 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a proposed enterprise agreement between DMAX DOORS PTY LTD and the CFMEU (Victorian Construction and General Division). The application was heard by the Fair Work Commission. The primary dispute centres on whether the proposed enterprise agreement meets the legal standards set forth in the Fair Work Act 2009, specifically concerning its compliance with the provisions relating to enterprise agreements and the substantive terms it contains.

The court was tasked with determining whether the agreement was fairly and properly negotiated, if it provided adequate protections for employees, and if it adhered to the requirements for enterprise agreements under the Fair Work Act. Additionally, the court examined whether the agreement met the 'better off overall test', ensuring that employees would not be worse off if the agreement replaced their previous conditions of employment.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including the negotiation process, the fairness of the agreement's terms, and the economic and social context of the industry. The Commission concluded that the proposed agreement was fairly negotiated and met the legal standards required for approval. It found that the agreement provided appropriate protections for employees and that it would not result in employees being worse off overall. Consequently, the Commission approved the proposed enterprise agreement.

As a result of the Commission's decision, the DMAX DOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 was approved and will now govern the employment conditions of the relevant employees for the specified period.

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