Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2708)

ENGINEERED FACADE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023
[AE521198]

COMMISSIONER LEE

MELBOURNE, 21 AUGUST 2023

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

An application has been made for approval of an enterprise agreement known as the ENGINEERED FACADE 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 Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a single-enterprise agreement between Engineered Facade Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made by the union under section 185 of the Fair Work Act 2009. The agreement in question is the ENGINEERED FACADE SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023.

The legal issues the Commission was required to decide included whether the application met the requirements of sections 186, 187 and 188 of the Act, and if the union was a bargaining representative for the agreement. The Commission also needed to consider whether the agreement would include the prescribed flexibility term under section 202(4) of the Act and whether the union had given notice under section 183 of the Act that it wanted the agreement to cover it.

The Commission determined that all the statutory requirements for the approval of the agreement had been met. It found that the agreement included the model flexibility term as prescribed by the Fair Work Regulations 2009. The union had also provided the necessary notice under section 183 of the Act, indicating its desire for the agreement to cover it. As a result, the Commission approved the agreement, which will operate from 28 August 2023, with a nominal expiry date of 31 December 2023.

This decision ensures that the terms of the agreement are legally binding and enforceable between the parties. The Commission's approval marks the formal recognition of the agreement as a valid single-enterprise agreement under the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established