Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1990)

STUDD CORP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2023

Application for approval of the STUDD CORP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the STUDD CORP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 6 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 the matter of an application for the approval of the STUDD CORP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023, the application was brought before the Fair Work Commission. The applicant, STUDD CORP PTY LTD, sought the Commission's approval for the proposed enterprise agreement, which outlines the terms and conditions of employment for subcontractors involved in aluminium and glass work under their contracts. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) represented the employees in negotiating the agreement.

The primary legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, and whether it complied with the principles of the national system of industrial relations. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, if it complied with the safety net provisions, and whether it was made in good faith and without coercion. Additionally, the Commission had to consider if the agreement was consistent with the broader objectives of the national workplace relations system.

The Commission found that the agreement met the requirements for approval. The terms and conditions were fair and efficient, providing for reasonable remuneration and working conditions. The agreement also complied with the safety net provisions, ensuring that the minimum standards of pay and conditions were met. The Commission was satisfied that the agreement was made in good faith and without coercion, as evidenced by the process followed in its negotiation. The terms of the agreement were consistent with the broader objectives of the national workplace relations system, promoting a cooperative and productive industrial relations environment. Therefore, the Fair Work Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the STUDD CORP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to apply to the relevant subcontractors employed by STUDD CORP PTY LTD and to remain in force until the earlier of its expiry or termination in accordance with its provisions.

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