DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6124)

FIRE RATING SOLUTIONS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2021

Application for approval of the Fire Rating Solutions Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Fire Rating Solutions Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 July 2021 and, in accordance with s 54, will operate from 29 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Fire Rating Solutions Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Builder Enterprise Agreement 2020-2023. The applicant union submitted the agreement on behalf of its members employed by the respondent company, seeking to have it registered and made binding on all employees covered by the agreement. The dispute centred on the terms and conditions of employment for workers within the specified industry sectors.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for registration under the Fair Work Act 2009, including whether it contained the mandatory terms and conditions, and whether it was made in good faith and without coercion. The Commission also needed to consider if the agreement provided a safety net for employees and if it was free from any invalid or unlawful content.

In assessing the application, the Commission reviewed the agreement clause by clause, ensuring that it adhered to the legislative framework. The Commission found that the agreement contained all the mandatory terms and conditions, provided a safety net for employees, and was made in good faith. It also determined that the agreement was free from any unlawful or invalid content. Consequently, the Commission approved the agreement and ordered its registration under the Fair Work Act.

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