Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3355)

INDUSTRY ROOFING PTY LTD T/AS INDUSTRY CLADDING 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, 4 OCTOBER 2023

Application for approval of the INDUSTRY ROOFING PTY LTD T/AS INDUSTRY CLADDING and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the INDUSTRY ROOFING PTY LTD T/AS INDUSTRY CLADDING 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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Industry Roofing Pty Ltd t/as Industry Cladding and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was to cover employees of Industry Roofing Pty Ltd, a roofing contractor, and its subcontractors who were members of the CFMEU. The union and the employer sought to have the agreement approved as a transitional arrangement under the Fair Work Act, as it was designed to transition employees from the Building and Construction General On-Site Award 2010 to the new enterprise agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was a genuine enterprise agreement, whether it complied with the Act's pro-employment and pro-enterprise bargaining principles, and whether it provided for fair and reasonable terms and conditions of employment. The Commission considered whether the agreement was genuinely negotiated between the parties, whether it provided for fair and reasonable terms and conditions, and whether it complied with the pro-employment and pro-enterprise bargaining principles.

The Commission found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith between the parties and provided for fair and reasonable terms and conditions of employment. The agreement provided for a transitional period of three years, during which employees would be paid the minimum rates of pay set out in the Building and Construction General On-Site Award 2010, with a gradual increase to the rates set out in the agreement. The Commission considered that the agreement complied with the pro-employment and pro-enterprise bargaining principles and was in the best interests of the employees. The Commission approved the agreement as a transitional arrangement under the Fair Work Act.

The Commission made an order approving the Industry Roofing Pty Ltd t/as Industry Cladding and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 as a transitional arrangement under the Fair Work Act. The agreement was to apply to employees of Industry Roofing Pty Ltd and its subcontractors who were members of the CFMEU from 1 July 2020 until 30 June 2023. The agreement provided for a transitional period of three years, during which employees would be paid the minimum rates of pay set out in the Building and Construction General On-Site Award 2010, with a gradual increase to the rates set out in the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established