DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4915)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 MAY 2021

Application for approval of the SGB 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 SGB 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 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 19 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMU) and SGB FACADES PTY LTD, sought approval of a Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 under section 231 of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission and involved the terms and conditions of employment for subcontractors in the aluminium and glass trades.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it contained all the 'protected actions' as stipulated by the Act. This involved scrutinising the agreement to ensure it was made in good faith and did not contain any provisions that were contrary to public policy or that undermined the operation of the industrial relations system.

The Fair Work Commission found that the agreement did not adequately address the requirement for a fair and equitable distribution of work among the workforce. The Commission also determined that certain provisions of the agreement could potentially undermine the industrial relations system by allowing for practices that might lead to unfair treatment of workers. Given these findings, the Commission did not approve the agreement, highlighting the need for amendments to address the identified issues. The Commission's decision underscored the importance of ensuring that enterprise agreements comply with legislative standards and promote fair and equitable working conditions.

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