DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/231)

CUSTOM ARCHITECTURAL SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the CUSTOM ARCHITECTURAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CUSTOM ARCHITECTURAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 the 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] 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.

[5] 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.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between Custom Architectural Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The union sought to have the agreement approved under section 231 of the Fair Work Act 2009, arguing that it met the requirements for a single-enterprise agreement and that it had been made in good faith.

The central legal issues before the Commission were whether the proposed agreement constituted a single-enterprise agreement and whether it had been made in good faith. The Commission had to consider the definition of a single-enterprise agreement under section 172 of the Fair Work Act and the requirement for good faith under section 235 of the Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Commission noted that the proposed agreement was between Custom Architectural Solutions Pty Ltd and the union and covered employees who were engaged in the cladding installation industry. The Commission found that the agreement met the definition of a single-enterprise agreement and that it had been made in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters.

Following its reasoning, the Commission approved the proposed agreement. The Commission found that the agreement met the requirements of the Fair Work Act and that it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement had been made in good faith and that it was in the best interests of the employees covered by the agreement.

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