DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/233)

OZCLAD 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 OZCLAD 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 OZCLAD 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 court involved an application for the approval of the OZCLAD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The parties to the dispute were the employer, OZCLAD PTY LTD, and the union, CFMEU. The nature of the dispute centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The court responsible for making this determination was the Fair Work Commission, which has jurisdiction over such matters.

The legal issues that the court was required to decide included whether the enterprise agreement provided for fair and reasonable terms and conditions, and whether it complied with the mandatory provisions set out in the Fair Work Act 2009. The court had to examine the agreement's provisions in relation to minimum wages, penalty rates, leave entitlements, and other conditions of employment to determine whether they met the legislative standards. Additionally, the court needed to consider whether the agreement was made in good faith and whether it provided for the effective resolution of workplace issues.

In making its determination, the court considered the submissions of both parties and examined the provisions of the enterprise agreement in detail. The court found that the agreement contained fair and reasonable terms and conditions that complied with the mandatory provisions of the Fair Work Act 2009. The court also found that the agreement was made in good faith and provided for the effective resolution of workplace issues. As a result, the court approved the enterprise agreement, finding that it met the statutory requirements for approval. This decision provides clarity for employers and unions in the construction industry regarding the terms and conditions that must be included in enterprise agreements to ensure their approval by the Fair Work Commission.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established