Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4585)

M.A.D. EXPANSION JOINT INSTALLATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 NOVEMBER 2022

Application for approval of the M.A.D. EXPANSION JOINT INSTALLATION PTY LTD 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 M.A.D. EXPANSION JOINT INSTALLATION PTY LTD 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, 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 22 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the parties involved were M.A.D. EXPANSION JOINT INSTALLATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023. The dispute pertained to the application for approval of their enterprise agreement under the Fair Work Act 2009. The case was heard in the Fair Work Commission, with the decision delivered by Commissioner M. J. A. Peart.

The central legal issues before the court involved determining whether the proposed enterprise agreement was in compliance with the statutory requirements outlined in the Fair Work Act. These requirements included ensuring the agreement's provisions met the standards for good faith bargaining, and that it did not contain any clauses that would undermine the safety and health of employees. The court was tasked with assessing the agreement's provisions concerning wages, conditions, and other terms of employment, ensuring they were fair and reasonable.

Commissioner Peart examined the submissions and evidence provided by both parties. The court took into consideration the nature of the industry, the bargaining positions of the parties, and the broader economic context. The Commissioner concluded that the agreement was fair and reasonable, and complied with the statutory requirements. The agreement was approved, and the provisions were certified as being in the best interests of the employees involved.

The final orders of the Commission were that the proposed enterprise agreement between M.A.D. EXPANSION JOINT INSTALLATION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 be approved and certified as meeting the standards for good faith bargaining and the safety and health of employees. The agreement was certified effective from the date of the decision, and the parties were directed to take all necessary steps to give effect to the terms of 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