DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/228)

ALUVATE 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, 17 FEBRUARY 2021

Application for approval of the ALUVATE 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 ALUVATE 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a Subcontractors Aluminium & Glass Enterprise Agreement between ALUVATE FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2020-2023. The agreement aimed to regulate terms and conditions of employment for subcontractors in the aluminium and glass sector. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, including whether it facilitated genuine bargaining, was free from coercion, and promoted fair and reasonable terms.

The primary legal issues before the Commission were whether the agreement evidenced genuine agreement, was the product of genuine bargaining, and met the criteria for simplicity, flexibility, and efficiency as outlined in the Fair Work Act. Additionally, the Commission needed to ensure the agreement did not adversely affect employees' rights and that it adhered to the principles of industrial fairness and reasonableness.

The Commission found that the agreement was the product of genuine bargaining, as evidenced by the negotiations and compromises made by both parties. It satisfied the requirements for simplicity, flexibility, and efficiency, providing clear and accessible terms for both employers and employees. The Commission was satisfied that the agreement did not adversely affect employees' rights and was fair and reasonable in all respects. Consequently, the Commission approved the agreement, highlighting its compliance with the legislative framework and its potential to enhance workplace relations in the specified industry.

The Fair Work Commission approved the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 between ALUVATE FACADES PTY LTD and the CFMEU (Victorian Construction and General Division). The decision underscored the agreement's compliance with the statutory requirements and its potential to foster better industrial relations within the aluminium and glass sector.

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