DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4605)

CUSTOM ARCHITECTURAL SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 DECEMBER 2019

Application for approval of the CUSTOM ARCHITECTURAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[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) Enterprise Agreement 2019 - 2020 (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.

[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 18 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Enterprise Agreement between CUSTOM ARCHITECTURAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2019 to 2020. The application was brought before the Fair Work Commission. The primary dispute centred on whether the proposed terms and conditions of the enterprise agreement were compliant with the Fair Work Act 2009, particularly in relation to minimum wage rates, penalty rates, and other employment conditions.

The court had to determine whether the enterprise agreement met the requirements for registration under the Fair Work Act. This involved assessing if the agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant awards or safety nets, and whether it complied with other legislative criteria such as the good faith bargaining provisions and the requirement for the agreement to be in writing. The court also needed to consider whether the agreement would have a detrimental effect on the employees’ general conditions of employment.

In rendering its decision, the Fair Work Commission examined the terms of the proposed agreement in detail. It found that the agreement provided for minimum rates of pay that were not less favourable than the applicable awards and ensured compliance with the safety net provisions of the Fair Work Act. The Commission concluded that the agreement was made in good faith and met all the legislative criteria for approval. Therefore, the application was successful, and the enterprise agreement was approved for registration. The court's approval ensured that the agreement would provide for fair and reasonable terms of employment for the workers involved, while also respecting the rights and obligations of the employer.

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