Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1029)

MAA PERFORMANCE PTY LTD T/AS MAA PERFORMANCE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 APRIL 2023

Application for approval of the MAA PERFORMANCE PTY LTD T/As MAA PERFORMANCE and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MAA PERFORMANCE PTY LTD T/As MAA PERFORMANCE and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 3 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 the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the MAA Performance Pty Ltd T/As MAA Performance and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was proposed to be registered under the Fair Work Act 2009. The legal issues the court had to determine were whether the agreement met the requirements of the Act, including whether it was properly certified and whether it complied with the good faith bargaining provisions. The court also considered whether the agreement contained any provisions that would have an adverse effect on the safety of workers.

After reviewing the submissions and evidence from both parties, the court found that the agreement was properly certified and met the requirements of the Act. The court noted that the agreement contained provisions that addressed the safety of workers, including provisions for the appointment of a health and safety representative and for the provision of information and training on health and safety matters. The court also found that the agreement had been negotiated in good faith and that it did not contain any provisions that would have an adverse effect on the safety of workers.

The court approved the registration of the agreement and noted that it would be effective from the date of registration. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution procedures. The court considered that the agreement was in the best interests of the employees covered by the agreement and that it would provide a fair and reasonable outcome for both parties.

No further orders were made by the court. The agreement is now registered and will be binding on the parties until it is replaced by a new agreement or expires.

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