Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4674)

GREY LINE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 NOVEMBER 2022

Application for approval of the GREY LINE CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the GREY LINE CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 29 November 2022. 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Grey Line Constructions Pty Ltd (Grey Line) applied for the approval of the Subcontractors Plastering Enterprise Agreement 2020-2023 (the Agreement). The CFMEU is a registered trade union, and Grey Line is an employer in the construction industry. The Agreement regulates the terms and conditions of employment for plasterers working on projects where Grey Line acts as the principal contractor.

The primary legal issue the Commission had to address was whether the Agreement met the requirements set forth in the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the Commission considered whether the Agreement provided for the pay rates, conditions, and dispute resolution processes in a manner that complied with the Act and promoted harmonious, productive, and cooperative workplace relations.

In determining the approval of the Agreement, the Commission examined the submissions from both parties and the evidence provided. The Commission noted that the Agreement contained provisions for pay rates and conditions that aligned with industry benchmarks and provided for fair and reasonable terms for the employees. The Agreement also included dispute resolution processes that were consistent with the Fair Work Act. The Commission found that the Agreement met the legal criteria for approval and promoted harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the Agreement, which will now apply to the plasterers employed by Grey Line for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established