Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/731)

ONE68 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ONSITE SHOPFITTERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 APRIL 2023

Application for approval of the ONE68 PTY LTD and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ONE68 PTY LTD and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters 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 10 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 parties involved in this case were ONE68 PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The nature of the dispute centred around the approval of the ONE68 PTY LTD and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission.

The primary legal issues before the court involved determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement contained the required minimum terms and conditions, if it was free from prohibited content, and if it was made in good faith. Furthermore, the court had to consider the application of relevant provisions of the Fair Work Regulations 2009.

In its reasoning, the court meticulously examined the provisions of the agreement, ensuring that it included all the mandated minimum terms and conditions as stipulated by the Fair Work Act 2009. The court found that the agreement was comprehensive and did not contain any prohibited content. Additionally, the court was satisfied that the agreement was made in good faith by both parties. Consequently, the court determined that the agreement met all necessary criteria for approval and granted the requested approval.

The final orders of the court were that the ONE68 PTY LTD and the CFMEU (Victorian Construction and General Division) Onsite Shopfitters Enterprise Agreement 2020-2023 be approved as a registered agreement. The court also directed that the agreement be registered with the Fair Work Commission, and the approval would be 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