Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2058)

MORELAND WIRE FENCING & GATES PTY. LTD. T/AS MORELAND WIRE FENCING AND GATES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 4 JULY 2023

Application for approval of the MORELAND WIRE FENCING & GATES PTY. LTD. T/As MORELAND WIRE FENCING AND GATES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MORELAND WIRE FENCING & GATES PTY. LTD. T/As MORELAND WIRE FENCING AND GATES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 11 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

The case involved an application for the approval of the Moreland Wire Fencing & Gates Pty Ltd t/as Moreland Wire Fencing and Gates Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission. The dispute centred around the terms and conditions outlined in the enterprise agreement, with specific attention to whether the agreement complied with the relevant industrial relations legislation.

The primary legal issues the court needed to address were whether the agreement adhered to the requirements of the Fair Work Act 2009, particularly concerning the coverage, negotiation, and registration processes. The court had to determine if the agreement was made in good faith, whether it was free from any prohibited content, and if it met the specific criteria for approval under the Act. Furthermore, the court examined if the negotiation process complied with the procedural fairness and good faith requirements as stipulated in the legislation.

In rendering its decision, the Fair Work Commission meticulously reviewed the negotiation process and the content of the agreement. The Commission found that the negotiation process was conducted in good faith and that the agreement was free from any prohibited content. It concluded that the agreement met all the legislative requirements for approval, including the proper coverage of the workforce and compliance with procedural fairness. The Commission approved the enterprise agreement, highlighting its compliance with the Fair Work Act and its suitability for the workforce it covered.

The final orders of the Fair Work Commission included the approval of the Moreland Wire Fencing & Gates Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was deemed to be in the best interest of the employees and employers involved, and it was registered accordingly.

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