DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6113)

CLADTECH AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 JULY 2021

Application for approval of the CLADTECH AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CLADTECH AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 28 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Cladding Installation Enterprise Agreement between Cladtech Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The main legal issues revolved around the fairness and reasonableness of the terms of the agreement, particularly in relation to the wages and conditions of the employees covered by the agreement.

The Commission undertook a comprehensive examination of the agreement, considering various aspects such as the bargaining process, the content of the agreement, and its potential impact on the employees. The Commission assessed whether the agreement provided fair and reasonable terms and conditions of employment, taking into account the relevant factors outlined in the Fair Work Act. The Commission also considered submissions from both parties and any relevant evidence presented during the hearing.

After careful consideration, the Fair Work Commission approved the enterprise agreement, finding that it met the necessary criteria for approval. The Commission determined that the agreement provided fair and reasonable terms and conditions of employment, and that the bargaining process was genuine and conducted in good faith. The Commission was satisfied that the agreement would not have an adverse effect on the employees covered by the agreement.

As a result of the approval, the Cladding Installation Enterprise Agreement between Cladtech Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) will now come into effect, providing the terms and conditions of employment for the relevant employees.

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