Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/839)

STEELFINNE FABRICATIONS PTY. LIMITED AS TRUSTEE FOR THE STEELFINNE FABRICATIONS UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 APRIL 2023

Application for approval of the STEELFINNE FABRICATIONS PTY. LIMITED AS TRUSTEE FOR THE STEELFINNE FABRICATIONS UNIT TRUST 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 STEELFINNE FABRICATIONS PTY. LIMITED AS TRUSTEE FOR THE STEELFINNE FABRICATIONS UNIT TRUST 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, 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 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a particular enterprise agreement between the Steelfinne Fabrications Pty. Limited as trustee for the Steelfinne Fabrications Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. This case was heard by the Fair Work Commission of Australia, which is the body responsible for handling such applications under the Fair Work Act 2009.

The primary legal issue that the court had to address was whether the proposed agreement complied with the provisions of the Fair Work Act and met the requirements for approval. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions, and whether it complied with the general protections and dispute resolution provisions of the Act.

The court found that the proposed agreement met the necessary requirements for approval. It noted that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, including provisions for minimum wages, overtime, and leave entitlements. The court also found that the agreement complied with the general protections and dispute resolution provisions of the Fair Work Act. The court further determined that the agreement was in the best interests of the employees and the employer, and that it would not have an adverse effect on the broader labour market.

As a result, the court approved the proposed enterprise agreement, which will now be binding on the parties for the specified period of 2020 to 2023. The agreement provides for a framework for the negotiation and determination of the terms and conditions of employment for the employees covered by the agreement, and sets out the procedures for resolving any disputes that may arise under the agreement.

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