DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5978)

MERIC INSTALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JULY 2021

Application for approval of the MERIC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MERIC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 21 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and MERIC INSTALLS PTY LTD. The dispute arose from an application for the approval of a proposed enterprise agreement between the two parties. This matter was heard in the Fair Work Commission (FWC), Australia's national workplace relations tribunal. The FWC was tasked with determining whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009, including provisions for minimum wages and conditions.

The central legal issues that the FWC needed to address were whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act and whether it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009. Specifically, the FWC examined if the agreement provided for minimum rates of pay and conditions that were not less favourable than those provided by the applicable awards or safety nets. The FWC also considered whether the agreement contained provisions that were not contrary to public policy or had any other unacceptable features.

In its decision, the FWC found that the proposed enterprise agreement complied with the statutory requirements and did not contain any unacceptable features. The FWC noted that the agreement provided for minimum rates of pay and conditions that were not less favourable than those provided by the relevant awards and safety nets. Furthermore, the FWC found that the agreement did not contain any provisions that were contrary to public policy. Consequently, the FWC approved the proposed enterprise agreement, allowing it to come into effect from 1 July 2020. The CFMEU and MERIC INSTALLS PTY LTD now have a legally binding enterprise agreement that sets out the terms and conditions of employment for the employees covered by 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