Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2153)

SYNTECH COATINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 10 JULY 2023

Application for approval of the SYNTECH COATINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SYNTECH COATINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing 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.

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 17 July 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

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a new enterprise agreement with SYNTECH Coatings Pty Ltd for the waterproofing sector. The case was heard in the Fair Work Commission. The CFMEU aimed to have the proposed agreement, which contained specific terms and conditions for subcontractors, ratified under the Fair Work Act 2009.

The court was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act. Key issues included whether the agreement met the requirements for "good faith bargaining," if it contained the necessary minimum entitlements, and whether it adhered to the provisions for multi-employer agreements. The court had to assess if the agreement appropriately balanced the interests of the employees and the employer, and if it met the standards set by the Fair Work Act.

The Fair Work Commission found that the agreement was made in good faith and contained the required minimum entitlements. The court considered that the agreement was fair and balanced, as it provided reasonable terms for both parties, and that it was consistent with the provisions for multi-employer agreements. The court concluded that the agreement was compliant with the Fair Work Act and granted approval for the SYNTECH Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2020-2023.

No further orders were made by the court beyond the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established