DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5180)

AUSTRALIAN FIRE RATING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2021

Application for approval of the Australian Fire Rating Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Australian Fire Rating Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 4 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a proposed enterprise agreement with Australian Fire Rating Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020 - 2023. The applicant argued the agreement contained terms that were appropriate and fair, and that the requirements of the Fair Work Act were met. The respondent, Australian Fire Rating Pty Ltd, did not oppose the application but raised concerns about the potential impact of the agreement on their business operations. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act.

The central legal issue before the Commission was whether the proposed agreement contained terms that were appropriate and fair, and whether it complied with the statutory requirements set out in the Fair Work Act. The Commission considered whether the agreement provided for terms and conditions of employment that were fair and appropriate, and whether it met the criteria for approval as set out in the Act. The Commission also considered the potential impact of the agreement on the business operations of Australian Fire Rating Pty Ltd, and whether any concerns raised by the respondent were justified.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement contained terms that were appropriate and fair, and that it met the legal requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment, and that it included provisions for dispute resolution and other mechanisms to ensure that the rights of employees were protected. The Commission also found that the potential impact of the agreement on the business operations of Australian Fire Rating Pty Ltd was minimal, and that any concerns raised by the respondent were not justified.

The Fair Work Commission approved the proposed agreement, subject to certain conditions and modifications. The final orders of the Commission included approval of the agreement, with modifications to certain provisions relating to overtime and penalty rates, and the inclusion of a clause requiring the parties to undertake further negotiations in the event of any disputes arising from the agreement. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman, and that it take effect from the date of the Commission's decision.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Legal Principle Established