DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6039)

THE TRUSTEE FOR THE M A D EXPANSION JOINT INSTALLATION UNIT TRUST T/AS M A D EXPANSION JOINT INSTALLATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JULY 2021

Application for approval of The Trustee For The M A D Expansion Joint Installation Unit Trust t/as M A D Expansion Joint Installation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 Trustee For The M A D Expansion Joint Installation Unit Trust t/as M A D Expansion Joint Installation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 (the Agreement). The application is made 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] 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. A copy of the term can be found at the end of the Agreement.

[4] 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.

[5] The Agreement was approved on 15 July 2021 and, in accordance with s 54, will operate from 22 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case of the application for approval of The Trustee For The M A D Expansion Joint Installation Unit Trust t/as M A D Expansion Joint Installation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, the Fair Work Commission was required to consider whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose between the employer and the union over the terms of the enterprise agreement, specifically focusing on provisions related to wages, working conditions, and other employment-related matters.

The primary legal issue before the Commission was whether the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement. The Commission needed to determine if the agreement met the "better off overall test" and if it complied with the provisions of the Fair Work Act. This involved examining the provisions of the agreement to ensure they did not undermine the minimum standards set by the Act and were not detrimental to the employees' overall rights and entitlements.

The Fair Work Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The Commission considered the evidence presented by both parties and determined that the agreement provided fair and reasonable terms for the employees. It was concluded that the agreement met the better off overall test and did not undermine the minimum standards set by the Act. Consequently, the Commission approved the agreement, ensuring that the employees would benefit from the negotiated terms and conditions.

As a result of the Commission's decision, the The Trustee For The M A D Expansion Joint Installation Unit Trust t/as M A D Expansion Joint Installation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 was approved and would come into effect on the date specified in the agreement. This decision provided certainty for both the employer and employees regarding their rights and obligations under the agreement.

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