Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1213)

LINEA SIX PTY LTD AS TRUSTEE FOR IZZARD FAMILY TRUST T/AS ADD-A-LINE LINE MARKING SERVICES 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, 10 MAY 2023

Application for approval of the Linea Six Pty Ltd as Trustee for Izzard Family Trust T/As Add-A-Line Marking Services and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2023-2023

An application has been made for approval of an enterprise agreement known as the Linea Six Pty Ltd as Trustee for Izzard Family Trust T/As Add-A-Line Marking Services and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2023-2023 (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 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 matter before the Fair Work Commission involved an application for approval of the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2023-2023, proposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Linea Six Pty Ltd as Trustee for Izzard Family Trust T/As Add-A-Line Marking Services. The application sought the agreement to be approved as a single enterprise agreement for the purposes of the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the statutory requirements for approval, particularly whether it was a single, bona fide enterprise agreement and whether it complied with the various provisions of the Act.

The legal issues the court had to determine included whether the agreement was indeed a bona fide enterprise agreement, whether it was made in good faith, and whether it complied with the provisions of the Fair Work Act. This included whether the agreement was appropriately negotiated and whether it adhered to the requirements for covering a single enterprise. Additionally, the court examined whether the agreement contained appropriate minimum terms and whether it was fair and reasonable in its terms.

In delivering its decision, the court found that the agreement was a bona fide enterprise agreement, appropriately negotiated in good faith, and it complied with the statutory requirements. The agreement was determined to cover a single enterprise and it was found to contain appropriate minimum terms. Furthermore, the court considered that the agreement was fair and reasonable in its terms, taking into account the various economic and non-economic factors relevant to the industries and occupations covered by the agreement. The court's reasoning was grounded in the legislative framework and case law interpreting the Fair Work Act.

As a result, the Fair Work Commission approved the agreement, recognising it as a valid single enterprise agreement under the Fair Work Act. The decision was made in accordance with the statutory criteria, and the agreement was accepted as meeting all necessary requirements for approval. The court's final orders included the approval of the agreement and its registration with the Fair Work Commission.

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