DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6117)

FACADE DESIGNS INTERNATIONAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTOS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Aluminium industry
COMMISSIONER LEE	MELBOURNE, 21 JULY 2021

Application for approval of the FACADE DESIGNS INTERNATIONAL PTY LTD 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 FACADE DESIGNS INTERNATIONAL PTY LTD 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 28 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a Subcontractors Aluminium and Glass Enterprise Agreement between Facade Designs International Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The application was heard by the Australian Industrial Relations Commission. The union and the employer sought the Commission's approval of the agreement under the Fair Work Act 2009. The key legal issue before the Commission was whether the agreement met the requirements of the Act for being a simple, clear, and easy to understand document that fairly reflected the terms and conditions of employment.

The Commission considered the language used in the agreement and the process by which it was negotiated and agreed upon. It found that the agreement was clear and simple, and that it fairly reflected the terms and conditions of employment. The Commission noted that the agreement had been negotiated in good faith by the parties, and that it was in the best interests of the employees. The Commission was satisfied that the agreement met the requirements of the Act and approved the agreement.

The Commission made an order approving the Subcontractors Aluminium and Glass Enterprise Agreement between Facade Designs International Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2020 to 2023. The order is effective from the date of the Commission's decision and will remain in force until the end of the agreement period, unless terminated earlier in accordance with the agreement or the 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

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Legal Principle Established