Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1377)

COMPLETE LIFT INTERIORS 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 LEE	MELBOURNE, 24 MAY 2023

Application for approval of the COMPLETE LIFT INTERIORS 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 COMPLETE LIFT INTERIORS 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 31 May 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for an enterprise agreement between Complete Lift Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which is tasked with overseeing the approval of such agreements in Australia. The union argued that the proposed agreement was fair and reasonable, and should be approved under the Fair Work Act 2009. The central legal issues in the case revolved around whether the agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether the agreement was fair and reasonable, and whether it complied with the procedural requirements of the Act.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the agreement in detail. The Commission found that the agreement was fair and reasonable, taking into account the nature of the work, the bargaining positions of the parties, and the overall terms and conditions of employment. The Commission also concluded that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for genuine bargaining. In reaching its decision, the Commission emphasised the importance of the agreement's provisions for the protection of workers' rights and the promotion of fair and equitable employment practices.

Based on its findings, the Fair Work Commission approved the Complete Lift Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The Commission determined that the agreement was fair and reasonable, and it complied with the relevant provisions of the Fair Work Act. The approval of this agreement will now allow the terms and conditions outlined in the agreement to be applied to the relevant employees, providing them with a clear understanding of their employment rights and obligations. This decision underscores the importance of fair and reasonable enterprise agreements in promoting harmonious industrial relations and protecting the interests of workers.

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