DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5761)

GRAND FINISH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2021

Application for approval of the GRAND FINISH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the GRAND FINISH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 12 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Grand Finish Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), which sought approval of the Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The dispute arose from the terms and conditions outlined in the proposed agreement, with concerns about its compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, focusing on aspects such as employee representation, the process for negotiation, and the fairness of the terms.

The central legal issues before the Commission involved whether the agreement had been fairly and genuinely negotiated, and if it complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess the fairness of the agreement's terms and conditions, the adequacy of the negotiation process, and whether the agreement adhered to relevant provisions of the Act. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Fair Work Commission found that the agreement had been fairly and genuinely negotiated and met the statutory criteria for approval. The Commission noted that the negotiation process was transparent and that the terms of the agreement were reasonable and fair. The Commission also found that the agreement provided adequate protections for employees, including provisions for minimum wage rates, penalty rates, and leave entitlements. The Commission was satisfied that the agreement did not unfairly disadvantage any party and was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.

The final orders of the Commission were that the Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act. This decision confirmed the validity of the agreement and its terms, allowing it to be implemented between the parties involved. The approval signified that the agreement met the necessary legal standards and would govern the employment conditions of the relevant workers 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