Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5524)

PREMIUM VICTORIA PTY LTD AND CFMMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 8 FEBRUARY 2023

Application for approval of the Premium Victoria Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2022

The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant or the Union) has made an application for the approval of an enterprise agreement known as the Premium Victoria Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Union, also being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 18 October 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Premium Victoria Pty Ltd applied for the approval of the Premium Victoria Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2022. The application was made under section 231 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for the fair and reasonable determination of terms and conditions of employment. The CFMEU argued that the agreement was fair and reasonable, while Premium Victoria Pty Ltd raised concerns about specific provisions, including those related to wage rates, working hours, and the resolution of disputes.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval. This involved determining if the agreement provided for the fair and reasonable determination of the terms and conditions of employment, and if it complied with the other legislative criteria. The Commission examined the provisions of the agreement in detail, considering submissions from both parties and any relevant evidence. The focus was on whether the agreement addressed the essential terms and conditions of employment in a manner that was fair and reasonable, and whether it aligned with the broader principles of the Fair Work Act.

The Commission concluded that the Enterprise Agreement satisfied the legislative criteria for approval. It found that the agreement provided for the fair and reasonable determination of the terms and conditions of employment. The Commission noted that the agreement included provisions for minimum wage rates, hours of work, and dispute resolution mechanisms that were consistent with the principles of fairness and reasonableness. While acknowledging some concerns raised by Premium Victoria Pty Ltd, the Commission determined that these did not undermine the overall fairness of the agreement. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Commission made an order approving the Premium Victoria Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2022, effective from the date of the decision. This order meant that the agreement would become a legally binding enterprise agreement between the parties, governing the terms and conditions of employment for the relevant workforce. The approval signified that the agreement was considered fair and reasonable, and it would remain in effect until superseded by a new agreement or determined otherwise by the 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