DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5827)

ALTO BMG PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 JULY 2021

Application for approval of the ALTO BMG PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ALTO BMG PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the ALTO BMG PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The parties in dispute were the employer, ALTO BMG PTY LTD, and the union, CFMEU (Victorian Construction and General Division). The matter was heard by the Fair Work Commission, which has jurisdiction over such enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act and whether it was made in good faith. Specifically, the Commission had to consider whether the agreement was properly negotiated, whether it complied with the provisions of the Act, and whether it contained appropriate mechanisms for dispute resolution. The Commission also had to ensure that the agreement did not unfairly disadvantage any party and that it complied with the statutory requirements for employee representation and consultation.

In making its decision, the Commission noted that the agreement was the result of good faith negotiations between the employer and the union. The agreement was found to comply with the statutory requirements for employee representation and consultation and contained appropriate mechanisms for dispute resolution. The Commission also found that the agreement did not unfairly disadvantage any party and that it met the requirements of the Fair Work Act. The Commission approved the proposed enterprise agreement, finding that it was made in good faith and complied with all relevant provisions of the Act.

The Fair Work Commission approved the ALTO BMG PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, subject to certain conditions. These conditions included the requirement that the employer and union provide the Commission with a report on the operation of the agreement within six months of its approval and that the agreement be reviewed and renewed every four years. The Commission also noted that any changes to the agreement would need to be made in good faith and would need to be approved by the Commission.

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