DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4330)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2021

Application for approval of the Proadvance Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Proadvance Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[2] The Agreement was approved on 31 March 2021 and, in accordance with s 54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicants, Proadvance Interiors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement, sought approval of their enterprise agreement for the period 2020-2023 from the Fair Work Commission. The agreement was intended to regulate employment conditions for plasterers and related trades within the Victorian construction industry. The dispute centred on the fairness and appropriateness of the terms and conditions proposed in the agreement, specifically in relation to wages, hours of work, and other employment provisions. The matter was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal.

The central legal issues the court needed to address were whether the proposed terms and conditions of the enterprise agreement were fair and appropriate. This involved assessing whether the agreement complied with the criteria set out in the Fair Work Act 2009, including the 'better off overall test', which requires that the agreement must not lead to employees being worse off than they would be under the applicable award or safety net. The court also needed to determine if the agreement contained appropriate mechanisms for resolving disputes and if it provided for the protection of employees' rights and interests.

The Fair Work Commission found that the proposed enterprise agreement was fair and appropriate. The court determined that the agreement met the 'better off overall test' and provided for the protection of employees' rights and interests. The commission considered the evidence provided by both parties, including submissions from industry experts, and took into account the broader economic context and the need for flexibility in the construction industry. The court concluded that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate wage increases and reasonable working hours, while also allowing for necessary flexibility in the industry. The commission approved the enterprise agreement, subject to certain conditions and provisions.

The Fair Work Commission's final order was that the Proadvance Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 be approved, effective from 1 July 2020. The court imposed several conditions on the agreement, including the requirement for a dispute resolution process and the protection of employees' rights. The agreement was approved with these conditions in place, providing a fair and appropriate framework for employment conditions in the Victorian construction industry for the specified period.

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