DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3983)

ENDEAVOUR CEILINGS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JANUARY 2021

Application for approval of the ENDEAVOUR CEILINGS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ENDEAVOUR CEILINGS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of a Subcontractors Plastering Enterprise Agreement 2020-2023 between ENDEAVOUR CEILINGS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division). The primary issue before the Commission was whether the terms of the proposed agreement met the requirements for provisional registration under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith and whether it contained provisions that aligned with the national system for fair work.

The Commission considered the arguments presented by both parties and evaluated the content of the agreement against the statutory criteria. The CFMEU argued that the agreement was made in good faith and met the necessary standards, while ENDEAVOUR CEILINGS AUSTRALIA PTY LTD raised concerns about certain provisions. The Commission examined the agreement's terms, including those related to wages, hours of work, and other conditions of employment, to determine their fairness and compliance with the Fair Work Act. After careful consideration, the Commission found that the agreement did not meet the criteria for provisional registration due to specific provisions that did not align with the objectives of the national workplace relations system.

Consequently, the application for the approval of the Subcontractors Plastering Enterprise Agreement 2020-2023 was rejected. The Commission concluded that the agreement, as submitted, was not suitable for provisional registration and directed the parties to address the identified issues to meet the legal requirements. The decision was made on the basis that the agreement contained provisions that were not conducive to achieving the purposes of the Fair Work Act.

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