DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5817)

HIGH EDGE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JULY 2021

Application for approval of the HIGH EDGE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the HIGH EDGE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of a Subcontractors Tilelayers Enterprise Agreement between the High Edge Group Pty Ltd and the CFMEU (Victorian Construction and General Division). The Fair Work Commission heard the application. The legal issue was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for a fair and efficient system for determining the terms and conditions of employment, and whether it met the criteria for registration under section 184 of the Act.

The Commission found that the agreement did not meet the requirements of section 231. The agreement failed to establish a fair and efficient system for determining the terms and conditions of employment. The agreement provided for the use of an industrial action ballot in certain circumstances, which the Commission found to be an inefficient and unfair method of determining the terms and conditions of employment. The Commission also found that the agreement did not meet the criteria for registration under section 184 of the Act, as it did not provide for a fair and efficient system for resolving disputes between the parties.

As a result, the Commission did not approve the agreement. The Commission noted that it was not satisfied that the agreement provided for a fair and efficient system for determining the terms and conditions of employment, and that it did not meet the criteria for registration under the Act. The Commission did not make any orders, as the agreement was not approved.

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