DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6392)

FIRE8 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 JOHNS	SYDNEY, 5 AUGUST 2021

Application for approval of the FIRE8 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 FIRE8 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 12 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between FIRE8 PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was titled the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The primary issue before the court was to determine whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the best interests of the employees covered by it, and whether it complied with the relevant provisions of the Act.

The court considered several legal issues in making its decision. Firstly, it had to verify if the agreement was genuinely an enterprise agreement within the meaning of the Act, which requires it to be made by an employer and a relevant union, among other things. Secondly, the court examined if the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the court needed to ensure that the agreement did not disadvantage the employees and that it was fair and reasonable in all its aspects.

After a thorough review of the application and the evidence provided, the Fair Work Commission found that the proposed enterprise agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement was genuinely made between the employer and the union, was in good faith, and contained the required minimum terms and conditions. The court also determined that the agreement was fair and reasonable, and did not disadvantage the employees. Consequently, the Commission approved the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023.

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