DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5380)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 JUNE 2021

Application for approval of the DELTA INTERIORS 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 DELTA INTERIORS 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 16 June 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 parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Delta Interiors Pty Ltd. The dispute concerns the approval of a subcontractor's enterprise agreement between the two parties for the period 2020-2023. The case was heard by the Fair Work Commission (FWC). The legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The FWC considered the provisions of the Fair Work Act and the principles of good faith bargaining. It examined the process by which the agreement was negotiated and the content of the agreement itself. The FWC also considered the views of the parties and any relevant stakeholders. After careful consideration, the FWC determined that the agreement did meet the requirements of the Act and was in the best interests of the employees. The FWC approved the agreement subject to certain modifications to address minor concerns.

The FWC's reasoning was based on the evidence presented and the principles of good faith bargaining. It found that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach a fair and reasonable agreement. The FWC also considered the views of the employees and found that the majority supported the agreement. The modifications made to the agreement were minor and did not significantly alter the terms and conditions of employment. The outcome of the case was that the FWC approved the agreement with modifications, providing certainty and stability for the employees covered by the 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