DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5773)

AGHG PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2021

Application for approval of the AGHG PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the AGHG PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the AGHG PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The applicant, the Australian Building and Construction Commission, sought approval of the enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the requirements for registration and approval, specifically focusing on the fairness and balance of the agreement for the employees covered.

The legal issues before the court were primarily whether the enterprise agreement complied with the statutory requirements for registration and approval, including the provisions for minimum wages, conditions, and the processes for fair and equitable agreements. The court had to determine if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the court examined if the agreement was consistent with the principles of the Fair Work Act, ensuring it did not undermine the rights and protections of the employees.

The Fair Work Commission found that the enterprise agreement met the statutory requirements for approval. The court concluded that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The provisions of the agreement were considered to be balanced and appropriate, taking into account the specific nature of the industry and the roles of the parties involved. The Commission was satisfied that the agreement did not undermine the rights and protections of the employees and was consistent with the principles of the Fair Work Act.

The Fair Work Commission approved the enterprise agreement, allowing it to be registered and effective. The court's decision confirmed the agreement as compliant with the statutory requirements and suitable for the industry and the workforce it covered.

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