DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6399)

CNC INSTALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 AUGUST 2021

Application for approval of the CNC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CNC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 12 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and CNC Installs Pty Ltd, with the dispute centering around the approval of the Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it adhered to the provisions of the Act, including the requirement for genuine bargaining and fairness.

The court considered the evidence presented by both parties regarding the process of bargaining and the content of the agreement. The CFMEU argued that the agreement was the result of genuine and fair bargaining, and that it was in the best interests of the employees. CNC Installs Pty Ltd, on the other hand, contended that the agreement did not meet the standards for approval, citing issues with the bargaining process and the terms of the agreement. The court examined the evidence of the bargaining process, including the timeliness of communications and the involvement of the employees in the negotiation of the agreement. The court also assessed the terms of the agreement to ensure they complied with the requirements of the Act and were fair and reasonable.

After reviewing the evidence, the court found that the agreement was indeed the result of genuine and fair bargaining. The court determined that the terms of the agreement were reasonable and in the best interests of the employees, and that the process of bargaining was conducted in a manner that complied with the Act. Consequently, the court approved the Subcontractors Cladding Installation Enterprise Agreement 2020-2023, affirming that it met all the necessary criteria for approval. The decision was made in the interest of maintaining harmonious industrial relations and ensuring that the employees' rights and interests were protected under the Fair Work Act 2009.

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