DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5866)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JULY 2021

Application for approval of the STONEPOWER PROJECTS 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 STONEPOWER PROJECTS 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 15 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 (CFMEU) applied for approval of the Stonepower Projects Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023. The dispute involved the terms and conditions of employment for subcontractors in the aluminium and glass industries working on projects contracted by Stonepower.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for registration under the Fair Work Regulations 2009. This included assessing if the agreement provided fair and reasonable terms and conditions, and if it adhered to the minimum entitlements prescribed by the relevant awards and the National Employment Standards. The Commission also considered if the agreement was appropriately certified by an independent certifier.

The Commission found that the agreement met the legal requirements for approval. It was determined that the agreement provided fair and reasonable terms and conditions for the employees, and that it complied with the provisions of the Fair Work Act and Regulations. The agreement included provisions for minimum wage rates, penalty rates, leave entitlements, and other employment conditions that were consistent with the applicable awards and the National Employment Standards. The Commission was satisfied that the agreement was appropriately certified and that the process followed in certifying the agreement was fair and transparent.

The Fair Work Commission approved the Stonepower Projects Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, effective from 1 January 2020 until 31 December 2023. The approval ensures that the terms and conditions of employment for the affected employees are legally compliant and fairly negotiated.

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