DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6206)

PROOF TECH SOLUTIONS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 JULY 2021

Application for approval of the PROOF TECH SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the PROOF TECH SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 2 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of a Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 between PROOF TECH SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division). The agreement aimed to regulate the terms and conditions of employment for caulkers and sealers engaged by PROOF TECH SOLUTIONS PTY. LTD. The main dispute was whether the agreement met the requirements under the Fair Work Act 2009 for enterprise agreements to be approved by the Fair Work Commission.

The central legal issues for the court were whether the agreement was a genuine enterprise agreement, whether it was appropriately negotiated, and if it complied with the procedural requirements for approval under the Fair Work Act 2009. Additionally, the court examined whether the agreement provided adequate protections for employees and if it met the standards of the National Employment Standards. The court had to consider submissions from both parties and ensure that the agreement was fair and reasonable, particularly in terms of pay, conditions, and other employment-related matters.

After reviewing the evidence and submissions, the court found that the agreement was genuinely negotiated and met the procedural requirements for approval. The court was satisfied that the agreement provided fair and reasonable terms and conditions for employees and did not contravene any provisions of the Fair Work Act 2009. The court approved the Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023, confirming its validity and applicability between PROOF TECH SOLUTIONS PTY. LTD. and the CFMEU (Victorian Construction and General Division). This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties 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