DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6171)

EMPIRE COMMERCIAL BUILDINGS SOLUTIONS PTY. LT D. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 JULY 2021

Application for approval of the EMPIRE COMMERCIAL BUILDINGS SOLUTIONS PTY. LT D. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the EMPIRE COMMERCIAL BUILDINGS SOLUTIONS PTY. LT D. and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 30 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Empire Commercial Buildings Solutions Pty Ltd. The matter was heard in the Fair Work Commission, where the CFMEU sought approval of the Subcontractors Plastering Enterprise Agreement 2020-2023. This agreement was intended to regulate the employment conditions of subcontractors engaged by Empire. The union argued that the agreement was necessary to ensure fair and equitable terms for the workers involved.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009 and whether it complied with the substantive and procedural provisions of the Act. Specifically, the Commission had to determine if the agreement contained all the mandatory terms required by the Act, if the agreement was made in good faith, and if the necessary consultation processes were followed. Additionally, the Commission examined if the agreement provided for the fair treatment of employees and promoted productive and harmonious workplace relations.

In delivering its decision, the Commission found that the agreement met the statutory requirements and was validly made. The Commission noted that the agreement included all the mandatory terms required by the Act and that the necessary consultation processes had been followed. The Commission further held that the agreement was made in good faith and provided for the fair treatment of employees. The Commission found that the agreement promoted productive and harmonious workplace relations and was in the best interests of the employees covered by the agreement. As a result, the Commission approved the Subcontractors Plastering Enterprise Agreement 2020-2023.

The Fair Work Commission approved the Subcontractors Plastering Enterprise Agreement 2020-2023, which will now govern the employment conditions of subcontractors engaged by Empire Commercial Buildings Solutions Pty Ltd. The agreement will remain in force until the end of its term, which is 2023, unless terminated or varied by further agreement between the parties or by a decision of the Fair Work Commission.

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