DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5258)

COMPLETE CARPENTRY & FACADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the COMPLETE CARPENTRY & FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the COMPLETE CARPENTRY & FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a Subcontractors Aluminium and Glass Enterprise Agreement, made between Complete Carpentry & Facades Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement sought to regulate the employment conditions of workers employed by subcontractors of Complete Carpentry & Facades Pty Ltd in the aluminium and glass trades. The primary legal issues before the Commission were whether the agreement was a "simplified and meritorious agreement" and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission found that the agreement was a simplified and meritorious agreement, as it contained provisions that were fair and reasonable, taking into account the nature of the industry and the parties' bargaining positions. The agreement provided for a fair wage increase, improved leave entitlements, and better working conditions for the workers employed by subcontractors of Complete Carpentry & Facades Pty Ltd. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it be in writing and signed by the parties.

The Commission approved the Subcontractors Aluminium and Glass Enterprise Agreement 2020-2023, which will now regulate the employment conditions of workers employed by subcontractors of Complete Carpentry & Facades Pty Ltd in the aluminium and glass trades. The agreement will come into effect on 1 July 2020 and will remain in force until 30 June 2023. The Commission's decision ensures that workers in the aluminium and glass trades will have fair and reasonable employment conditions, while also promoting industrial harmony in the industry.

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