DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/350)

INTERSIGN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE AND SIGN WRITERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 FEBRUARY 2021

Application for approval of the INTERSIGN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the INTERSIGN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers 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] 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.

[4] 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.

[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 March 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 applicants, INTERSIGN PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for the approval of a proposed enterprise agreement. The agreement pertains to subcontractors and sign writers employed within the specified industries and geographical area. The dispute was heard and determined by the Fair Work Commission, an independent statutory tribunal with jurisdiction over workplace relations matters in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the requirements for good faith bargaining, and whether it was in the best interests of the employees covered by the agreement. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it was likely to lead to improved industrial relations outcomes for the employees.

In assessing the application, the Commission considered the evidence provided by the parties, the nature of the bargaining process, and the terms and conditions proposed in the agreement. The Commission found that the agreement was the product of genuine and good faith bargaining between the parties and met the statutory requirements under the Fair Work Act. It concluded that the proposed agreement would provide fair and reasonable terms for the employees and was likely to contribute to improved industrial relations outcomes. Therefore, the Commission approved the agreement, recognising its potential to foster better working conditions and relations within the specified industries.

The Fair Work Commission approved the INTERSIGN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023. The approval is effective from the date of the decision and will remain in force until it is terminated or replaced in accordance with the agreement's provisions. The decision confirms the validity of the agreement and its terms, which are now binding on the parties and their employees.

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