DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5912)

PROFESSIONAL MAINTENANCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 JULY 2021

Application for approval of the PROFESSIONAL MAINTENANCE 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 PROFESSIONAL MAINTENANCE 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 16 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of an enterprise agreement between Professional Maintenance Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The dispute arose from the union's application to the Commission for approval of the agreement, which the employer contested on several grounds, including concerns about the agreement's impact on business operations and compliance with relevant industrial laws.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, and whether the agreement fairly reflected the needs of both parties. Specifically, the Commission had to consider if the agreement was free from any unlawful content, whether it dealt with the terms and conditions of employment in good faith, and if it appropriately balanced the interests of the employees and the employer.

In rendering its decision, the Commission examined the provisions of the agreement and the submissions from both parties. It found that the agreement generally complied with the statutory requirements and fairly reflected the needs of both parties. The Commission noted that the agreement contained standard terms and conditions that were in line with industry practices, and it did not identify any unlawful content. The employer's concerns about the agreement's impact on business operations were considered, but the Commission determined that the agreement was reasonably necessary to provide fair terms and conditions of employment. Consequently, the Commission approved the agreement, subject to certain conditions and modifications to address minor technical issues.

The Fair Work Commission approved the Professional Maintenance Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, subject to specific conditions and modifications.

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