DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5983)

ATF SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the ATF SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ATF SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the ATF Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023. The application was made under section 234 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for subcontractors engaged in fencing work by ATF Services Pty Ltd. The central legal issues the Commission needed to address were whether the proposed agreement met the formal requirements for approval under the Act, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the agreement's compliance with the formal requirements stipulated by the Fair Work Act. It assessed whether the agreement had been made in good faith, whether it was free from any improper influence or interference, and whether it had been appropriately negotiated. The Commission also evaluated the substantive terms of the agreement to determine if they were fair and reasonable, taking into account the interests of both employees and employers, and whether they met the standards set by the safety net of minimum entitlements. The Commission considered various factors, including the nature of the work, the bargaining positions of the parties, and the overall impact of the agreement on the workforce.

After thorough examination, the Commission concluded that the proposed agreement met all the formal requirements for approval and provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement had been made in good faith and was free from any improper influence or interference. It also determined that the terms of the agreement were fair and reasonable, taking into account the interests of both employees and employers. The Commission approved the agreement, ensuring that it would operate as a safety net, providing minimum entitlements for the employees covered by the agreement. The final orders included the approval of the agreement, which would now serve as the enterprise agreement for the specified period.

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