Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1234)

AAMS CONSTRUCTION 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, 11 MAY 2023

Application for approval of the AAMS CONSTRUCTION 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 AAMS CONSTRUCTION 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 18 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

The case involved an application by AAMS Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The primary dispute centred on whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This included whether the agreement met the criteria for being a simpler, faster, and more flexible agreement, and whether it provided for minimum entitlements that were not less favourable than those provided under the relevant modern award.

The court had to determine if the proposed agreement was a genuine enterprise agreement under section 230 of the Fair Work Act, and whether it satisfied the good faith bargaining requirements outlined in section 232. Furthermore, the court assessed whether the agreement provided for minimum terms and conditions that were at least as favourable as those stipulated in the relevant modern award, as required by section 234 of the Act. The court also examined whether the agreement included appropriate dispute resolution provisions and if the agreement was in the best interests of the employees covered by it.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act. The Commission concluded that the agreement was a genuine enterprise agreement that was negotiated in good faith and provided for terms and conditions that were at least as favourable as those under the relevant modern award. The Commission further determined that the agreement included appropriate dispute resolution provisions and was in the best interests of the employees covered by it. Consequently, the Fair Work Commission approved the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, and it became effective from the date of the decision.

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