DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6261)

EZ BUILT PTY LTD T/AS EZE SHOP FITTERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JULY 2021

Application for approval of the EZ BUILT PTY LTD T/As EZE SHOP FITTERS 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 EZ BUILT PTY LTD T/As EZE SHOP FITTERS 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 4 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of the EZ BUILT PTY LTD T/As EZE SHOP FITTERS and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval from the Fair Work Commission. The respondent, EZ BUILT PTY LTD, contested certain aspects of the agreement, arguing that it contained provisions which were not in the best interests of the employees. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the provisions of the proposed enterprise agreement were in the best interests of the employees. The Commission was required to consider whether the agreement contained provisions that were fair and reasonable, taking into account various factors such as the nature of the work, the level of remuneration, and the overall impact on the employees. The Commission also had to determine whether the agreement complied with relevant legislation and industrial instruments.

In reaching its decision, the Commission considered the submissions of both parties and examined the terms of the proposed enterprise agreement. The Commission noted that the agreement provided for a reasonable level of remuneration and benefits for the employees, and that the provisions were consistent with relevant industrial instruments. The Commission also found that the agreement did not contain any provisions that were detrimental to the employees' interests. Based on this analysis, the Commission determined that the proposed enterprise agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the EZ BUILT PTY LTD T/As EZE SHOP FITTERS and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The Commission found that the agreement contained fair and reasonable provisions for the employees and complied with relevant legislation and industrial instruments. The Commission's decision was based on a thorough analysis of the agreement and the submissions of both parties.

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