DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5732)

ALLSAFE COMMERCIAL 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 LEE	MELBOURNE, 2 JULY 2021

Application for approval of the ALLSAFE COMMERCIAL 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 ALLSAFE COMMERCIAL 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by ALLSAFE COMMERCIAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of a Subcontractors Caulking and Sealing Enterprise Agreement. The application was made under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for caulking and sealing subcontractors within the construction industry. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the legislation.

The key legal issues addressed by the Commission included whether the agreement provided for genuine bargaining, whether it contained the mandatory terms and conditions as required by the Fair Work Act, and whether the agreement was in the best interests of the employees covered by it. The Commission also considered whether the agreement adequately addressed issues such as pay rates, penalty rates, hours of work, and other employment conditions. The validity of the agreement hinged on its compliance with the legislative requirements and its potential impact on the workforce.

The Fair Work Commission found that the application met the criteria for approval. The Commission determined that the agreement had been genuinely bargained between the parties, contained all the mandatory terms and conditions as required by the Fair Work Act, and was in the best interests of the employees. The Commission also noted that the agreement provided for fair and reasonable employment conditions, including appropriate pay rates and conditions. Consequently, the Commission approved the Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.

The Fair Work Commission's decision was based on a detailed analysis of the bargaining process, the terms of the agreement, and its implications for the employees. The Commission's approval of the agreement ensures that the terms and conditions of employment for caulking and sealing subcontractors are governed by a legally compliant and fair enterprise agreement.

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