Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3076)

SGP COMMERCIAL 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, 15 SEPTEMBER 2023

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

An application has been made for approval of an enterprise agreement known as the SGP COMMERCIAL 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.

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, 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 22 September 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 before the Fair Work Commission involved an application for the approval of a Subcontractors Aluminium & Glass Enterprise Agreement between SGP Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought to have the agreement approved as a modern award under the Fair Work Act 2009. The agreement was a result of negotiations between the union and the employer, aiming to set out terms and conditions for workers in the aluminium and glass industry.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to ensure that the agreement did not include provisions that were contrary to public policy, and that it provided for a safety net of minimum entitlements for employees. The Commission also had to verify that the agreement met the procedural requirements, including proper consultation and notification processes, as mandated by the Fair Work Act.

The Commission examined the proposed agreement clause by clause, ensuring that it met the statutory criteria for approval. The agreement was found to provide adequate minimum terms and conditions for employees in the industry, including provisions for wages, leave, and other employment-related matters. The Commission also confirmed that the agreement did not contain any provisions that were contrary to public policy. Additionally, the Commission verified that the union had followed the necessary procedural steps in negotiating and finalising the agreement. Based on these findings, the Commission approved the agreement, recognising it as a modern award.

The Commission's final order was the approval of the Subcontractors Aluminium & Glass Enterprise Agreement as a modern award, effective from the date of the decision. This decision ensures that the terms and conditions set out in the agreement apply to employees in the aluminium and glass industry, providing them with a safety net of minimum entitlements and a framework for fair and reasonable employment practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established