DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5746)

VERT INDUSTRIES AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the VERT INDUSTRIES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors 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 9 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by VERT INDUSTRIES AUSTRALIA PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Subcontractors Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the criteria for registration, including whether it facilitated the efficient operation of businesses and provided fair terms and conditions for the employees covered by the agreement.

The key legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement had been made in accordance with the procedural requirements of the Act, and whether the agreement facilitated the efficient operation of businesses and provided fair terms and conditions for the employees covered by the agreement. The Commission also considered whether the agreement contained any terms that were contrary to public policy.

In determining the application, the Commission found that the agreement contained all the mandatory terms prescribed by the Fair Work Act and that the agreement had been made in accordance with the procedural requirements of the Act. The Commission also found that the agreement facilitated the efficient operation of businesses and provided fair terms and conditions for the employees covered by the agreement. The Commission noted that the agreement included provisions for the negotiation of future enterprise agreements, which it considered to be a positive feature. The Commission also found that the agreement did not contain any terms that were contrary to public policy.

The Fair Work Commission approved the Subcontractors Enterprise Agreement 2020-2023 between VERT INDUSTRIES AUSTRALIA PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The approval is effective from 1 January 2020 and will remain in place until 31 December 2023, or until a new enterprise agreement is registered. The Commission's decision is final and binding, and cannot be appealed.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established