DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5901)

IROCK FINISHES TRUST T/AS IROCK FINISHES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JULY 2021

Application for approval of the Irock Finishes Trust t/as Irock Finishes and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 Irock Finishes Trust t/as Irock Finishes and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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. 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. 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), I note that the Agreement covers the organisation.

[3] The Agreement was approved on 14 July 2021 and, in accordance with s 54, will operate from 21 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 the Construction, Forestry, Maritime, Mining and Energy Union for the approval of a proposed enterprise agreement between Irock Finishes Trust, trading as Irock Finishes, and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The union sought to have the agreement approved under the Fair Work Act 2009, as it believed the terms were fair and reasonable for the employees covered by the agreement. The primary legal issues before the commission were whether the agreement met the criteria for approval under section 231 of the Fair Work Act and whether it complied with the good faith bargaining obligations under section 228 of the Act.

The commission examined the proposed agreement clause by clause to determine if it complied with the statutory requirements and if it promoted harmonious, productive and cooperative workplace relations. It considered whether the agreement provided for the proper classification of employees, adequate remuneration, reasonable working conditions, and allowed for the fair and efficient resolution of workplace disputes. The commission also assessed if the agreement contained any provisions that would undermine the right of employees to be free from adverse action, as per section 351 of the Fair Work Act. Additionally, the commission looked into whether the agreement had been negotiated in good faith, as required by section 228 of the Act.

After a thorough analysis, the commission found that the proposed agreement met all the statutory requirements for approval and was fair and reasonable for the employees covered by it. The commission determined that the agreement provided for proper classification, adequate remuneration, reasonable working conditions, and contained provisions that promoted harmonious, productive and cooperative workplace relations. The commission also found that the agreement had been negotiated in good faith, in accordance with section 228 of the Act. Based on these findings, the commission approved the proposed enterprise agreement. The final orders included the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023, which will now be in effect for the duration specified in 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