Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3316)

MELBOURNE ARCHITECTURAL PLASTER PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 OCTOBER 2023

Application for approval of the MELBOURNE ARCHITECTURAL PLASTER PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MELBOURNE ARCHITECTURAL PLASTER 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.

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 9 October 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Melbourne Architectural Plaster Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The applicant, the union, sought the Fair Work Commission's approval of the agreement, which outlined the terms and conditions of employment for plasterers in the Melbourne region. The application was heard in the Commission, which is a federal statutory tribunal with jurisdiction over employment matters in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith and without coercion. The Commission considered various aspects of the agreement, including wages, working hours, leave provisions, and dispute resolution mechanisms. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain provisions.

In its decision, the Commission found that the proposed enterprise agreement was fair and reasonable on the whole. The Commission acknowledged the employer's concerns but concluded that they did not outweigh the overall benefits of the agreement for the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without coercion. The Commission approved the agreement subject to certain modifications, including changes to the leave provisions and the inclusion of a clause prohibiting the employer from subcontracting out work covered by the agreement.

The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, as well as relevant legal principles and precedents. The final orders of the Commission included the approval of the enterprise agreement subject to the modifications outlined in the decision. The agreement will now apply to the employees of Melbourne Architectural Plaster Pty Ltd and the plastering subcontractors covered by the agreement, providing them with the terms and conditions of employment 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